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EX PARTE ALABAMA STATE HEALTH PLANNING AGENCY

1901211, 1901271.

594 So.2d 110 (1992)

Ex parte ALABAMA STATE HEALTH PLANNING AGENCY. (Re ALABAMA RENAL STONE INSTITUTE, INC., and Springhill Memorial Hospital v. STATE HEALTH PLANNING AGENCY, et al.). Ex parte DCH HEALTHCARE AUTHORITY, Baptist Medical Centers, and Hospital Authority of the City of Huntsville. (Re ALABAMA RENAL STONE INSTITUTE, INC., and Springhill Memorial Hospital v. STATE HEALTH PLANNING AGENCY, et al.).

Supreme Court of Alabama.

February 14, 1992.

Attorney(s) appearing for the Case

G. Dennis Nabors and Sandra R. Segal of Anderson & Nabors, P.C., Montgomery, for petitioner Alabama State Health Planning Agency.

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

Sydney Lavender and Richard J. Brockman of Johnston, Barton, Proctor, Swedlaw & Naff, Birmingham, and Walter R. Byars of Steiner, Crum & Baker, Montgomery, and Joe W. Campbell of Lanier, Ford, Shaver & Payne, Huntsville, for petitioners Baptist Medical Centers and Hospital Authority of the City of Huntsville.

John T. Mooresmith and J. Timothy Coyle of John T. Mooresmith, P.C., and Michael W. Atchison of Starnes & Atchison, Birmingham, for respondents Alabama Renal Stone Institute, Inc. and Springhill Memorial Hosp.

George E. Hutchinson, Montgomery, for amicus curiae Alabama Ass'n of Home Health Agencies, Inc.

George L. Beck, Jr. and W. Terry Travis, Montgomery, for amicus curiae Alabama Nursing Home Ass'n, Inc.

HORNSBY, Chief Justice.

WRIT QUASHED AS IMPROVIDENTLY GRANTED.

ALMON, SHORES, ADAMS, HOUSTON and INGRAM, JJ., concur.

MADDOX and STEAGALL, JJ., dissent.

STEAGALL, Justice (dissenting).

I respectfully dissent from the majority's decision to quash the writ in this case. The hospitals' use of the mobile extracorporeal shockwave lithotripter to treat kidney stones does not constitute a "new institutional health service" under Ala.Code 1975...

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