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OKLAHOMA DEPT. OF HEALTH v. MEDI-PLEX NURSING CENTERS

No. 81150.

875 P.2d 437 (1994)

The OKLAHOMA DEPARTMENT OF HEALTH and Holdenville Nursing Homes, Inc., Appellees, v. MEDI-PLEX NURSING CENTERS, INC., d/b/a Boyce Manor Nursing Home, Bob G. Mitchell and Gilbert Green, Appellants.

Court of Appeals of Oklahoma, Division No. 1.

Rehearing Denied March 15, 1994.

Certiorari Dismissed May 10, 1994.

Attorney(s) appearing for the Case

Harry Scoufos, Sallisaw, for appellants.

G. Gordon Allen, Holdenville, for appellee, Holdenville Nursing Homes.

Thomas E. Prince, Oklahoma City, for appellee, Dept. of Health.

Released for Publication by Order of the Court of Appeals of Oklahoma, Division No. 1.

OPINION

HANSEN, Judge:

The Long-term Care Certificate of Need Act (Act), 63 O.S. 1991 § 1-850 et. seq., sets out the requirements for the issuance of certificates of need by the State Department of Health (Department) for construction of nursing homes in the State of Oklahoma. No long-term care facility shall be developed or offered unless Department...

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