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CAPITOL HILL HOSP. v. DIST. OF COLUMBIA

Nos. 91-43, 91-102.

600 A.2d 793 (1991)

CAPITOL HILL HOSPITAL, et al., Appellants, v. The DISTRICT OF COLUMBIA STATE HEALTH PLANNING AND DEVELOPMENT AGENCY, et al., Appellees, and Coalition to Save Capitol Hill Hospital, et al., Intervenors-Appellees.

District of Columbia Court of Appeals.

Decided November 20, 1991.

Attorney(s) appearing for the Case

Daly D.E. Temchine, with whom Ann Leopold, Washington, D.C., was on the brief, for Capitol Hill Hosp. and Medlantic Healthcare Group.

Martin B. White, Asst. Corp. Counsel, with whom John Payton, Acting Corp. Counsel at the time the brief was filed, and Charles L. Reischel, Deputy Corp. Counsel, Washington, D.C., were on the brief, for the District of Columbia.

Carol R. Golubock, Washington, D.C., for the Coalition to Save Capitol Hill Hosp.

Before FERREN, TERRY and WAGNER, Associate Judges.

FERREN, Associate Judge:

Medlantic Healthcare Group and Capitol Hill Hospital (collectively the Hospital) appeal from two trial court orders. The first (Case I) granted a preliminary injunction, sought by the Coalition to Save Capitol Hill Hospital (Coalition), ordering the District of Columbia State Health Planning and Development Agency (SHPDA or the Agency) to require the Hospital to apply for and obtain a Certificate of Need (CON or Certificate) before terminating...

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