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KOLTIS v. N.C. DEPT. OF HUMAN RESOURCES

No. COA96-387.

480 S.E.2d 702 (1997)

Gordon G. KOLTIS, M.D., Carolina Radiation And Cancer Treatment Center, P.A., and Carolina Radiation Medicine, P.A., Petitioners-Appellees, v. NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES, DIVISION OF FACILITY SERVICES, CERTIFICATE OF NEED SECTION, Respondent-Appellee, and Pitt County Memorial Hospital, Inc., Respondent-Intervenor-Appellant.

Court of Appeals of North Carolina.

February 4, 1997.

Attorney(s) appearing for the Case

Poyner & Spruill, L.L.P. by Mary Beth Johnston and Benjamin P. Dean, Raleigh, for respondent-intervenor-appellant.

Petree Stockton, L.L.P. by Noah H. Huffstetler, III and Gary S. Qualls, Raleigh, for petitioners-appellees.

Michael F. Easley, Attorney General by Sherry C. Lindquist, Assistant Attorney General, for the State.

WYNN, Judge.

Petitioners, Dr. Gordon Koltis and two professional associations of which Dr. Koltis is the president and sole shareholder (Carolina Radiation and Cancer Treatment Center, P.A., and Carolina Radiation Medicine, P.A.), proposed to develop and operate a new oncology treatment center in Pitt County, North Carolina. To that end, petitioners notified the North Carolina Department of Human Resources, Division of Facility Services, Certificate of Need Section...

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