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IN RE PROFESSIONAL NURSES SERVICE, INC.

No. 94-456.

671 A.2d 1289 (1996)

In re PROFESSIONAL NURSES SERVICE, INC.

Supreme Court of Vermont.

January 12, 1996.

Attorney(s) appearing for the Case

Philip H. White of Wilson & White, P.C., Montpelier, for appellants/cross-appellees Vermont Assembly of Home Health Agencies and its constituent members.

Charles F. Storrow of Kimbell & Storrow, Montpelier, for appellee/cross-appellant Professional Nurses Service, Inc.

Robert A. Mello, South Burlington, for appellee Vermont Health Policy Council.

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.

GIBSON, Justice.

The Vermont Assembly of Home Health Agencies and its thirteen constituent members (Assembly) appeal the Vermont Health Care Authority's denial of their petition to revoke the Certificate of Need (CON) issued in 1980 to Professional Nurses Service, Inc. (PNS). PNS cross-appeals the Authority's order requiring CON review of PNS's proposal for expanded services. We affirm.

Since 1979, "[n]o new institutional health service shall be offered or...

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