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  5. 791 S.W.2d 732 (1990)
 

HEALTH SERV. MGT., INC. v. MO. HEALTH FAC. REVIEW COMMITTEE

Nos. WD 41872, WD 41873.

791 S.W.2d 732 (1990)

HEALTH SERVICES MANAGEMENT, INC., Respondent, v. MISSOURI HEALTH FACILITIES REVIEW COMMITTEE, Appellant, and Community Care Center of Festus, et al., Intervenor-Appellant, and STATE ex rel. MISSOURI HEALTH CARE ASSOCIATION, Appellant, and Barnes Hospital, Intervenor-Respondent, v. MISSOURI HEALTH FACILITIES REVIEW COMMITTEE, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied May 29, 1990.

Application to Transfer Denied July 31, 1990.

Attorney(s) appearing for the Case

Harvey M. Tettlebaum, Jefferson City, for Community Care Center of Festus and Missouri Health Care Ass'n.

Simon Bolivar Buckner, IV, Asst. Atty. Gen., Kansas City, for Missouri Health Facilities Review Committee.

Daniel Robert Sokol, St. Louis, for Barnes Hosp. and Health Services Management.

Before MANFORD, P.J., and SHANGLER and CLARK, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 29, 1990.

SHANGLER, Judge.

This review is of a summary judgment entered by the same court in each of two separate actions for declaratory judgment on the same question of law. In each case the circuit court entered the summary declaration that the petitioner was entitled to a certificate of need for a new health care facility under § 197.330.2, RSMo Cum. Supp.1989 by operation of law.

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