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EBG HEALTH CARE v. MO. HEALTH FACILITIES

No. WD 56314.

12 S.W.3d 354 (2000)

EBG HEALTH CARE III, INC., d/b/a Woodland Manor, Respondent, v. MISSOURI HEALTH FACILITIES REVIEW COMMITTEE, Appellant.

Missouri Court of Appeals, Western District.

February 15, 2000.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Daryl Hylton, Asst. Atty. Gen., Jefferson City, for appellant.

Eugene G. Bushmann, Jefferson City, for respondent.

Before BRECKENRIDGE, C.J., LOWENSTEIN and ELLIS, JJ.

PATRICIA BRECKENRIDGE, Chief Judge.

The Missouri Health Facilities Review Committee (Committee) appeals the trial court's judgment reversing the decision of the Administrative Hearing Commission (AHC). The AHC ruled that under § 197.317, RSMo Cum.Supp.1998,1 and the exception thereto contained in 19 CSR 60-50.400(5)(A)2D, the Committee could not issue a certificate of need to EBG Healthcare III, Inc., d/b/a Woodland Manor (EBG), which...

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