MS DEPT. OF HEALTH v. NATCHEZ COMMUNITY HOSP.

No. 1998-SA-01055-SCT.

743 So.2d 973 (1999)

MISSISSIPPI STATE DEPARTMENT OF HEALTH and Q.S.C., LLC d/b/a First Choice Surgical Center v. NATCHEZ COMMUNITY HOSPITAL.

Supreme Court of Mississippi.

Rehearing Denied October 7, 1999.


Attorney(s) appearing for the Case

Office of the Attorney General by Ellen Y. Dale O'Neal, L. Carl Hagwood, J. Chadwick Mask, Robert N. Warrington, Kyle Leslie Holifield, Attorneys for Appellants.

Gail Wright Lowery, Kathryn H. Hester, Ellen Morris, Michael R. Hess, Jackson, Attorneys for Appellee.

BEFORE PITTMAN, P.J., WALLER AND COBB, JJ.


PITTMAN, Presiding Justice, for the Court:

STATEMENT OF THE CASE

¶ 1. This case is appealed from the Chancery Court of Hinds County where Chancery Judge Denise Owens vacated the Final Order of the Mississippi State Department of Health ("the Department") granting a Certificate of Need ("CON") to Q.S.C., LLC, d/b/a First Choice Surgical Center ("QSC") to establish a freestanding ambulatory surgery center...

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