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SSM HEALTH CARE v. MISSOURI HEALTH

No. 77030.

894 S.W.2d 674 (1995)

SSM HEALTH CARE, operating St. Mary's Hospital, Appellant, v. MISSOURI HEALTH FACILITIES REVIEW COMMITTEE, Respondent.

Supreme Court of Missouri, En Banc.

March 21, 1995.

Attorney(s) appearing for the Case

David M. Harris, Charles A. Seigel, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Karen King Mitchell, Asst. Atty. Gen., Jefferson City, for respondent.

Lem T. Jones, Jr., Paul G. Marx, Kansas City, for amicus curiae Missouri Citizen Action.

L. Franklin Taylor, Allan E. Coon, Olathe, for amicus curiae Dr. Richard Morrison and Radiarium Corp.

Harvey Tettlebaum, Jefferson City, for amicus curiae Missouri Health Care Ass'n.

Lori J. Levine, Jefferson City, for amicus curiae Missouri Hosp. Ass'n.

LIMBAUGH, Judge.

SSM Health Care appeals the trial court's ruling that it is subject to the jurisdiction of the Missouri Health Facilities Review Committee under the Missouri certificate of need law, § 197.300, et seq., RSMo 1994. The Court of Appeals, Western District, affirmed the trial court, and thereafter, this Court granted transfer.1 We now reverse.

I.

The crux of the Missouri certificate of need law...

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