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CAIN v. MISSISSIPPI STATE DEPT. OF HEALTH

No. 1999-CC-01758-SCT.

767 So.2d 207 (2000)

H. Ted CAIN d/b/a Harrison County Nursing Facility v. MISSISSIPPI STATE DEPARTMENT OF HEALTH and Lakeview Corporation d/b/a Lakeview Nursing Center.

Supreme Court of Mississippi.

September 21, 2000.

Attorney(s) appearing for the Case

Barry K. Cockrell, Michael R. Hess, Jackson, Attorneys for Appellant.

Edmund L. Brunini, Jr., Romaine Richards, Jackson, Attorneys for Appellees.

BEFORE PRATHER, C.J., SMITH AND DIAZ, JJ.

PRATHER, Chief Justice, for the Court:

STATEMENT OF THE FACTS AND CASE

¶ 1. On December 1, 1998, H. Ted Cain d/b/a Harrison County Nursing Facility ("Cain"), submitted an application with the Mississippi Department of Health ("the Department") for a Certificate of Need ("CON") to construct a forty-five bed nursing home facility in Harrison County. On January 19, 1999, Lakeview Corporation, d/b/a Lakeview Nursing Center ("Lakeview"), filed a competing...

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