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STATE HEALTH PLANNING AGENCY v. MOBILE INFIRMARY ASS'N

2910052.

608 So.2d 1372 (1992)

STATE HEALTH PLANNING AGENCY, Providence Hospital, and Springhill Memorial Hospital v. MOBILE INFIRMARY ASSOCIATION.

Court of Civil Appeals of Alabama.

October 16, 1992.

Attorney(s) appearing for the Case

Margaret Johnson McNeill of W. Mark Anderson III, P.C., Montgomery, for appellant State Health Planning Agency.

J. Donald Reynolds, Montgomery, for appellant Providence Hosp.

James D. Brooks and William W. Watts of Reams, Philips, Brooks, Schell, Gaston & Hudson, P.C., Mobile, for appellant Springhill Memorial Hosp.

Wade B. Perry, Jr. of Johnstone, Adams, Bailey, Gordon and Harris, Mobile, for appellee Mobile Infirmary Ass'n.

THIGPEN, Judge.

This appeal involves a circuit court's action overturning a decision by the State Health Planning Agency (SHPA).

On February 22, 1984, Mobile Infirmary Association (Mobile Infirmary) submitted a Certificate of Need (CON) application to SHPA to purchase new equipment for one of its cardiac laboratories (cath lab), stating that the cath lab presently contained outdated equipment. Pursuant to Ala.Code 1975, § 22-21-265, no person may acquire...

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