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BIO-MEDICAL v. DEPT. OF HUMAN RESOURCES

No. COA98-1499.

523 S.E.2d 677 (1999)

BIO-MEDICAL APPLICATIONS OF NORTH CAROLINA, INC. d/b/a BMA of Concord d/b/a Metrolina Kidney Center of Concord (Lessee) and Concord Nephrology Associates (Lessor), Petitioners-Appellants, v. NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES, DIVISION OF FACILITY SERVICES, CERTIFICATE OF NEED SECTION, Respondent-Appellee, and Dialysis Care of North Carolina, LLC d/b/a DCNC, LLC, Respondent-Intervenor-Appellee.

Court of Appeals of North Carolina.

December 21, 1999.

Attorney(s) appearing for the Case

Moore & Van Allen, PLLC, by Joy Heath Thomas, Dean M. Harris, and Kelly M. Simeon, Raleigh, for petitioners-appellants.

Michael F. Easley, Attorney General, by Staci Tolliver Meyer, for respondent-appellee.

Poyner & Spruill, L.L.P., by William R. Shenton, Thomas R. West, and Michelle L. Frazier, Raleigh, for respondent-intervenor-appellee.

WYNN, Judge.

Bio-Medical Applications of North Carolina, Inc. appeals from a final agency decision of the North Carolina Department of Health and Human Services1 awarding a Certificate of Need to Dialysis Care of North Carolina, L.L.C. Our review of the whole record reveals substantial evidence to support the Department of Health and Human Services' award. We, therefore, affirm the award.

Dialysis Care of North Carolina, L.L.C...

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