CAPE FEAR MEMORIAL HOSPITAL v. N.C. DEPT. OF HUMAN RESOURCES

No. COA95-394.

466 S.E.2d 299 (1996)

CAPE FEAR MEMORIAL HOSPITAL, Petitioner-Appellant, v. NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES, Respondent-Appellee.

Court of Appeals of North Carolina.

February 6, 1996.


Attorney(s) appearing for the Case

Bode, Call & Green by Robert V. Bode and Diana E. Ricketts, Raleigh, for petitioner-appellant.

Attorney General Michael F. Easley by Assistant Attorney General Sherry C. Lindquist, for respondent-appellee.


MARK D. MARTIN, Judge.

Petitioner Cape Fear Memorial Hospital (Cape Fear) appeals from final agency decision issued by respondent North Carolina Department of Human Resources (Department) requiring Cape Fear to obtain a certificate of need (CON) before purchasing a 13" image intensifier and a cine camera (new equipment).

On 28 March 1991 Cape Fear purchased a Siemens Angiostar (Angiostar), which can be used for cardiac catheterization procedures. Less than...

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