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RUTHERFORD HOSP., INC. v. RNH PARTNERSHIP

No. 98-1199.

168 F.3d 693 (1999)

RUTHERFORD HOSPITAL, INCORPORATED, Plaintiff-Appellant, v. RNH PARTNERSHIP, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 5, 1999.

Attorney(s) appearing for the Case

ARGUED: Joseph Branch Craige Kluttz, Kennedy, Covington, Lobdell & Hickman, L.L.P., Charlotte, North Carolina, for Appellant. Maureen Demarest Murray, Smith, Helms, Mulliss & Moore, L.L.P., Greensboro, North Carolina, for Appellee. ON BRIEF: Kiran H. Mehta, Sara W. Higgins, Kennedy, Covington, Lobdell & Hickman, L.L.P., Charlotte, North Carolina, for Appellant. Terrill Johnson Harris, Smith, Helms, Mulliss & Moore, L.L.P., Greensboro, North Carolina, for Appellee.

Before MURNAGHAN and WILLIAMS, Circuit Judges, and BLAKE, United States District Judge for the District of Maryland, sitting by designation.

Affirmed by published opinion. Judge BLAKE wrote the opinion, in which Judge MURNAGHAN and Judge WILLIAMS joined.

OPINION

BLAKE, District Judge:

In December 1996, Rutherford Hospital, Inc. ("Rutherford"), filed a declaratory judgment action in federal district court seeking a ruling that it owns "all right, title and interest in the appropriate license and approval for all beds necessary to operate" the Woodlands Skilled Nursing Center (formerly...

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