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EX PARTE CRESTWOOD HOSP. & NURSING HOME, INC.

AV93000407.

670 So.2d 43 (1994)

Ex parte CRESTWOOD HOSPITAL AND NURSING HOME, INC. (re HEALTH CARE AUTHORITY OF the CITY OF HUNTSVILLE, d/b/a Huntsville Hospital v. STATE HEALTH PLANNING AGENCY and Crestwood Hospital and Nursing Home, Inc.).

Court of Civil Appeals of Alabama.

Rehearing Denied November 18, 1994.

Attorney(s) appearing for the Case

Justice D. Smyth III of Robison & Belser, P.A., Montgomery, for petitioner.

Joe W. Campbell of Lanier, Ford, Shaver & Payne, P.C., Huntsville, for Health Care Authority of City of Huntsville.

THIGPEN, Judge.

This is a petition for a writ of mandamus filed by Crestwood Hospital and Nursing Home, Inc. (Crestwood), seeking to have this court direct the trial court to dismiss the action in the trial court for lack of jurisdiction.

In October 1991, Crestwood filed a petition for a certificate of need (CON) with the State Health Planning Agency (SHPA), seeking authorization to establish and operate an alternative birthing center at its Huntsville facility...

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