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BEVERLY ENTERPRISES v. COLUMBUS HEALTH

No. A-92-359.

510 N.W.2d 569 (1993)

2 Neb.App. 410

BEVERLY ENTERPRISES-NEBRASKA, INC., doing business as Columbus Manor, Appellee, v. COLUMBUS HEALTH CARE, INC., doing business as Cambridge Court Care Center, a Nebraska Corporation, Appellant, and City of Genoa, doing business as Country View Care Village, et al., Appellees. COLUMBUS HEALTH CARE, INC., doing business as Cambridge Court Care Center, Appellant, v. NEBRASKA DEPARTMENT OF HEALTH et al., Appellees.

Court of Appeals of Nebraska.

December 28, 1993.

Attorney(s) appearing for the Case

Robert L. Lepp, of McGill, Gotsdiner, Workman & Lepp, P.C., Omaha, for appellant.

Joseph E. Casson and David C. Beck, of Proskauer, Rose, Goetz & Mendelsohn, Washington, DC, and Patricia A. Zieg, of Kennedy, Holland, DeLacy & Svoboda, Omaha, for appellee Beverly Enterprises-Nebraska.

Don Stenberg, Atty. Gen., and Linda L. Willard, Lincoln, for appellee Nebraska Dept. of Health.

Dwayne Smith, New Orleans, LA, for amicus curiae Columbus Economic Council.

SIEVERS, C.J., and HANNON and MILLER-LERMAN, JJ.

MILLER-LERMAN, Judge.

This case arises from an appeal of the orders of the district court for Lancaster County in two consolidated cases involving the issuance of a certificate of need (CON) to nursing homes in the Columbus area. Columbus Health Care, Inc., doing business as Cambridge Court Care Center (Cambridge), appeals the court's orders which (1) affirmed the decision of the Certificate of Need Review Committee (Review Committee) to grant a CON to Beverly Enterprises...

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