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ALABAMA RENAL STONE INSTITUTE v. SHPA

2900029.

594 So.2d 106 (1991)

ALABAMA RENAL STONE INSTITUTE, INC., and Springhill Memorial Hospital v. STATE HEALTH PLANNING AGENCY, et al.

Court of Civil Appeals of Alabama.

Rehearing Denied April 26, 1991.

Attorney(s) appearing for the Case

Robert A. Huffaker of Rushton, Stakely, Johnston & Garrett, Montgomery, and, John T. Mooresmith, Birmingham, James D. Brooks of Reams, Vollmer, Philips, Killion, Brooks & Schell, Mobile, for appellant Springhill Memorial Hosp.

G. Dennis Nabors and Sandra R. Segal of Anderson & Nabors, Montgomery, for appellee State Health Planning Agency.

J. Donald Reynolds, Montgomery, for appellee DCH Healthcare Authority.

James C. Barton, Sydney Lavender and Richard J. Brockman of Johnston, Barton, Proctor, Swedlaw & Naff, Birmingham, and Walter R. Byars of Steiner, Byars, Haskell, Slaughter, Young & Johnston, Montgomery, for appellees Baptist Medical Centers and Hosp. Authority of the City of Huntsville.

ROBERTSON, Presiding Judge.

This is an appeal from the granting of a summary judgment.

The record in pertinent part reveals the following: In July 1984, the Alabama State Health Planning Agency (SHPA) issued Alabama Renal Stone Institute, Inc. (ARSI), a Certificate of Need (CON) to purchase a lithotripter in order to conduct extra-corporeal shockwave (ESW) lithotripsy for kidney stone patients. The cost was approximately $1,850,000. The ESW lithotripter purchased...

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