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ASSOCIATES IN RADIATION v. SIEGEL

272 N.J. Super. 208 (1994)

639 A.2d 729

ASSOCIATES IN RADIATION ONCOLOGY, P.A., PLAINTIFF-APPELLANT, v. BRUCE SIEGEL, M.D., M.P.H., ACTING COMMISSIONER OF HEALTH, DEPARTMENT OF HEALTH, STATE OF NEW JERSEY, JOHN R. GLASSBURN, M.D., RADIATION THERAPY ASSOCIATES OF GLOUCESTER COUNTY, L.P., CANCER THERAPY ASSOCIATES OF NEW JERSEY, INC., AND WOODBURY MEDICAL CENTER ASSOCIATES, A GENERAL PARTNERSHIP, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 8, 1994.

Attorney(s) appearing for the Case

Sacharow, Adler, Gold, Taylor & Keyser, attorneys for appellant (E. Hunter Taylor and Nancy D. Gold, on the brief).

Poplar & Eastlack, attorneys for respondents John R. Glassburn, M.D., Radiation Therapy Associates of Gloucester County, L.P., and Cancer Therapy Associates of N.J., P.A. (Maria M. Lepore, on the brief).

Deborah T. Poritz, Attorney General, attorney for respondent Bruce Siegel, M.D., M.P.H., Acting Commissioner of Health (Joseph L. Yannotti, Assistant Attorney General and Mary C. Jacobson, Assistant Attorney General, of counsel; Darcy A. Saunders, Deputy Attorney General, on the brief).

Before Judges DREIER, BROCHIN and KLEINER.

The opinion of the court was delivered by DREIER, J.A.D.

Plaintiff appeals from the Acting Commissioner of Health's determination that a Certificate of Need is not required for the construction and installation of radiation equipment by Radiation Therapy Associates at the Woodbury Medical Center. Plaintiff, Associates in Radiation Oncology (Associates), operator of a competing facility at Cooper Hospital in Camden, contends that the proposed facility is governed by...

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