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MEDICAL CENTER EAST, INC. v. SANATORIUM

87-1058.

565 So.2d 64 (1990)

MEDICAL CENTER EAST, INC. v. JEFFERSON TUBERCULOSIS SANTORIUM, d/b/a Lakeshore Hospital; and State Health Planning and Development Agency.

Supreme Court of Alabama.

Rehearing Denied July 13, 1990.

Attorney(s) appearing for the Case

James R. Seale and William T. Carlson, Jr. of Haskell, Slaughter & Young, and J. Donald Reynolds, Montgomery, for appellant.

Don Siegelman, Atty. Gen., and Roger S. Morrow of Morrow, Romine & Pearson, Sp. Asst. Atty. Gen., Montgomery, for appellee State Health Planning Agency.

Charles M. Crook of Balch & Bingham, Montgomery, for appellee Lakeshore Hosp.

KENNEDY, Justice.

Defendant, Medical Center East, Inc. ("MCE"), appeals from a summary judgment in favor of the plaintiffs—Jefferson Tuberculosis Sanatorium, d/b/a Lakeshore Hospital ("Lakeshore"), and the State Health Planning and Development Agency ("SHPDA")—and from an order permanently enjoining MCE from operating a rehabilitation service unit. We affirm.

The issue is whether MCE is required to obtain a certificate of need ("CON") review...

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