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STATE HEALTH v. BALL HEALTHCARE-LOWNDES

2950677.

695 So.2d 6 (1996)

STATE HEALTH PLANNING AND DEVELOPMENT AGENCY v. BALL HEALTHCARE-LOWNDES, INC.

Court of Civil Appeals of Alabama.

Rehearing Denied November 22, 1996.

Certiorari Denied April 18, 1997.

Attorney(s) appearing for the Case

Richard A. Lawrence, Montgomery, for appellant.

Robert Marcus Givhan and David M. Hunt of Johnston, Barton, Proctor & Powell, Birmingham, for appellee.

Alabama Supreme Court 1960355.

SAM A. BEATTY, Retired Justice.

The State Health Planning and Development Agency (SHPDA) appeals from an injunction issued by the trial court. We affirm.

In 1993, Ball Healthcare-Lowndes, Inc. (Ball), Lowndes County Health Care, Inc. (LCHC), and United States Health and Housing Foundation (USHHF) filed competing applications for a certificate of need (CON) to build and operate a 65-bed nursing home in Lowndes County....

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