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CAROLINA MEDICORP, INC. v. BD. OF TRUSTEES

No. 9410SC427.

456 S.E.2d 116 (1995)

118 N.C. App. 485

CAROLINA MEDICORP, INC., Forsyth Memorial Hospital, Inc., Medical Park Hospital, Inc., Reba J. Smith, Cleveland Memorial Hospital, Dina L. Braddy, Moore Regional Hospital and Elizabeth Matheson-Smith, Petitioners, v. BOARD OF TRUSTEES OF the STATE OF NORTH CAROLINA TEACHERS' AND STATE EMPLOYEES' COMPREHENSIVE MAJOR MEDICAL PLAN, and David G. Devries, as Executive Administrator of the North Carolina Teachers' and State Employees' Comprehensive Major Medical Plan, Respondents.

Court of Appeals of North Carolina.

April 18, 1995.

Attorney(s) appearing for the Case

Petree Stockton, L.L.P. by Noah H. Huffstetler, III., J. Anthony Penry, L. Elizabeth Henry, and Gary S. Qualls, Raleigh, for petitioners-appellants Carolina Medicorp, Inc., Forsyth Memorial Hosp., Inc., Medical Park Hosp., Inc., Reba J. Smith, Moore Regional Hosp., and Elizabeth Metheson-Smith.

Church Paksoy & Wray by John Church, Shelby, for petitioners-appellants Cleveland Memorial Hosp., Inc., and Dina L. Braddy.

Atty. Gen. Michael F. Easley by Sp. Deputy Atty. Gen. Jo Anne Sanford and Asst. Atty. Gen. W. Wallace Finlator, Jr., Raleigh, for respondents-appellees.

EAGLES, Judge.

I.

Petitioners argue that the trial court erred in failing to conclude that respondents violated the public contracting statutes (Chapter 143 of the North Carolina General Statutes) when they executed the 1992-93 preferred provider contracts with petitioners. G.S. 143-49 provides:

The Secretary of Administration shall have power and authority, and it shall be his duty, subject to the provisions of this Article: ....

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