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ALA. RENAL STONE INST. v. A.S.H.C.C.

AV92000039.

628 So.2d 821 (1993)

ALABAMA RENAL STONE INSTITUTE, INC., and Springhill Memorial Hospital v. The ALABAMA STATEWIDE HEALTH COORDINATING COUNCIL, et al.

Court of Civil Appeals of Alabama.

September 3, 1993.

Attorney(s) appearing for the Case

John T. Mooresmith, J. Timothy Coyle, and Howard E. Bogard, of John T. Mooresmith, P.C., and W. Michael Atchison of Starnes & Atchison, Birmingham, and Alvin T. Prestwood and Ben A. Fuller of Capouano, Wampold, Prestwood & Sansone, Montgomery, for Alabama Renal Stone Institute, Inc.

James R. Brooks of Reams, Vollmer, Philips, Killion, Brooks & Schell, Mobile, for Springhill Memorial Hosp.

Margaret Johnson McNeill of W. Mark Anderson III, P.C., Montgomery, for Alabama Statewide Health Coordinating Council, Alabama State Health Planning Agency, Derrell O. Fancher, and Alabama Certificate of Need Review Bd.

Joseph C. Espy III of Melton, Espy, Williams & Hayes, P.C., Montgomery, for Baptist Medical Center (Montgomery) and Jackson Hosp. & Clinic, Inc.

Sydney Lavender, Hollinger F. Barnard, and Richard J. Brockman of Johnston, Barton, Proctor, Swedlaw & Naff, Birmingham, for The Baptist Medical Centers (Birmingham).

J. Donald Reynolds, Montgomery, for amicus curiae Intervenor DCH Regional Medical Center.

YATES, Judge.

This is an appeal from a decision of the Alabama Statewide Health Coordinating Council (SHCC).

In April 1990, Dr. Peter Shashy, a urologist, petitioned SHCC, pursuant to the rules of the Alabama State Health Planning Agency (SHPA), to revise the Alabama State Health Plan to recognize a need for mobile lithotripters in certain designated areas of the state. After several hearings on the matter, SHCC approved the proposed amendment. Following the...

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