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PRIME LITHOTRIPTER OPER. v. LITHOMEDTECH OF ALABAMA, LLC

2991270, 2991302 and 2000192.

855 So.2d 1085 (2001)

PRIME LITHOTRIPTER OPERATIONS, INC., and Prime Medical Services, Inc. v. LITHOMEDTECH OF ALABAMA, LLC. State Health Planning and Development Agency v. LithoMedTech of Alabama, LLC. Prime Lithotripter Operations, Inc., and Prime Medical Services, Inc. v. UroVenture, LLC, et al.

Court of Civil Appeals of Alabama.

Rehearing Applications Denied May 24, 2002.

Attorney(s) appearing for the Case

John T. Mooresmith, John C. Morrow, Cary Tynes Wahlheim, and Jennifer L. Griffin of Burr & Forman, L.L.P., Birmingham, for Prime Lithotripter Operations, Inc., and Prime Medical Services, Inc.

Mark D. Wilkerson and Keith S. Miller of Brantley, Wilkerson & Bryan, P.C., Montgomery, for State Health Planning and Development Agency.

Thomas T. Gallion III, Constance C. Walker, and Jamie A. Johnston of Haskell, Slaughter, Young & Gallion, L.L.C., Montgomery, for LithoMedTech of Alabama, L.L.C.

Lenora Pate and E. Barry Johnson of Sirote & Permutt, P.C., Birmingham, for UroVenture, LLC, DCH Health Care Authority d/b/a DCH Regional Medical Center, The Health Care Authority of the City of Huntsville d/b/a Huntsville Hospital, Quorum Health Group of Gadsen, Inc., d/b/a Gadsen Medical Center, and Baptist Health d/b/a Baptist Medical Center South.

Gregg Brantley Everett, Montgomery, for amicus curiae The Alabama Hospital Association.

PER CURIAM.1

These three appeals involve mobile lithotripsy services in the State of Alabama. The procedural history of the three appeals differs. Lithotripsy is a noninvasive surgical procedure that disintegrates kidney stones. However, the ultimate issue is whether vendors of mobile lithotripsy equipment are required to seek certificate-of-need review.

The procedural history of cases no. 2991270 and no. 2991302, is as follows...

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