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SHPDA v. AMI BROOKWOOD MEDICAL CENTER

Civ. 6503.

564 So.2d 54 (1989)

STATE HEALTH PLANNING & DEVELOPMENT AGENCY, a corporation of the State of Alabama, et al. v. AMI BROOKWOOD MEDICAL CENTER, A DIVISION OF BROOKWOOD HEALTH SERVICES, INC., et al.

Court of Civil Appeals of Alabama.

Rehearing Denied March 29, 1989.

Attorney(s) appearing for the Case

J. Donald Reynolds, Montgomery, and Don Siegelman, Atty. Gen., and Margaret S. Childers, Asst. Atty. Gen., for appellants.

James A. Holliman and Candice J. Shockley, Bessemer, for appellee AMI Brookwood Medical Center.

J. Fred Wood, Jr., Susan Dominick Doughton and Terry McElhey of Dominick, Fletcher, Yeilding, Wood & Lloyd, Birmingham, for appellee St. Vincent's Hosp.

Michael S. Jackson of Beers, Anderson, Jackson & Smith, Montgomery, for appellee Shelby Medical Center.

ON REHEARING

ROBERT P. BRADLEY, Retired Appellate Judge.

On rehearing the opinion of this court of December 21, 1988 is withdrawn and the following is substituted therefor.

This is an appeal from a decision of the Alabama State Health Planning and Development Agency (SHPDA).

The Lloyd Noland Foundation, Inc. (Lloyd Noland) filed an application with SHPDA in May 1984 seeking a certificate of need (CON) to construct a hospital in the Riverchase...

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