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AUBURN MED. CENTER v. HEALTH CARE AUTH.

Civ. 7648, 7670.

583 So.2d 1342 (1991)

AUBURN MEDICAL CENTER, INC. v. EAST ALABAMA HEALTH CARE AUTHORITY. STATE HEALTH PLANNING AGENCY, et al. v. EAST ALABAMA HEALTH CARE AUTHORITY, INC.

Court of Civil Appeals of Alabama.

Rehearing Denied January 11, 1991.

Attorney(s) appearing for the Case

Justice D. Smyth III and Philip H. Butler of Robison & Belser, Montgomery, for appellant.

John V. Denson of Samford, Denson, Horsley, Pettey, Martin & Barrett, Opelika, and Ivan Wood and Eddie M. Krenek of Wood, Lucksinger & Epstein, Houston, Tex., for appellee.

PER CURIAM.

This is an appeal involving competing applications for a Certificate of Need (CON) to operate additional hospital beds in Lee County. The issuance of a CON is a prerequisite to the offering or operation of any "new institutional health service" in the state by any individual or entity. § 22-21-265, Ala.Code 1975.

In October 1983, Auburn Medical Center, Inc. (AMC), filed an application with the State Health Planning and Development Agency ...

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