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PHOEBE PUTNEY MEMORIAL HOSP. v. ROACH

Nos. S96A1487, S96A1512 and S96A1513.

480 S.E.2d 595 (1997)

PHOEBE PUTNEY MEMORIAL HOSPITAL, INC. v. ROACH et al. PHOEBE PUTNEY MEMORIAL HOSPITAL, INC. v. CARDIOLOGY ASSOCIATES OF SAVANNAH, P.C. et al. STATE HEALTH PLANNING AGENCY et al. v. CARDIOLOGY ASSOCIATES OF SAVANNAH, P.C.

Supreme Court of Georgia.

February 17, 1997.

Attorney(s) appearing for the Case

John Hinton Parker, Jr., Parker, Hudson, Rainer & Dobbs, Atlanta, for Phoebe Putney Memorial Hosp., Inc. in Nos. S96A1487, S96A1512.

C. James McCallar, Jr., McCallar & Associates, Savannah, William W. Calhoun, Asst. Atty. Gen., Dept. of Law, Atlanta, Stanley S. Jones, Jr., Alysia M. Long, Nelson Mullins Riley & Scarborough, Atlanta, for Roach et al. in No. S96A1487.

William W. Calhoun, Asst. Atty. Gen., Dept. of Law, Atlanta, for Cardiology Associates of Savannah, P.C. in No. S96A1512, State Health Planning Agency in No. S96A1513.

Alysia M. Long, Rebekah Nell Murphy, Nelson, Mullins, Riley & Scarborough, Atlanta, for Other Party in No. S96A1512.

C. James McCallar, Jr., Todd Eugene Schwartz, McCallar & Associates, Savannah, Stanley S. Jones, Jr., Rebekah Nell Murphy, Alysia M. Long, Nelson Mullins Riley & Scarborough, Atlanta, Thomas D. Watry, John Hinton Parker, Jr., Atlanta, for Cardiology Associates of Savannah, P.C. in No. S96A1513.

THOMPSON, Justice.

The question posed by these appeals is whether a mobile cardiac catheterization unit which was "grandfathered" and exempt from obtaining a certificate of need when it began operating in Vidalia, Georgia, must obtain a certificate of need in order to operate in Albany, Georgia. The answer is "yes."

Cardiology Associates of Savannah, P.C. ("CAS"), operates a mobile cardiac catheterization unit.1 Initially, CAS...

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