PETITION OF CIGNA HEALTHCARE

No. 2000-653.

146 N.H. 683 (2001)

PETITION OF CIGNA HEALTHCARE, INC. F/K/A HEALTHSOURCE NEW HAMPSHIRE, INC.

Supreme Court of New Hampshire.

July 31, 2001.


Attorney(s) appearing for the Case

Nixon Peabody LLP, of Manchester (Kevin M. Fitzgerald & a. on the brief, and Mr. Fitzgerald orally), for the petitioner.

Shaheen & Gordon, P.A., of Concord (Arpiar G. Saunders, Jr. and Cinde Warmington on the brief, and Mr. Saunders orally), for the respondents.

Philip T. McLaughlin, attorney general (Walter L. Maroney, senior assistant attorney general), filed a statement of the State as amicus curiae in support of Optima Healthcare, Inc.'s opposition to petition of CIGNA Healthcare, Inc.


NADEAU, J.

The petitioner, CIGNA Healthcare, Inc., formerly known as Healthsource New Hampshire, Inc. (CIGNA), petitions for the issuance of writs of mandamus and prohibition to the Hillsborough County Probate Court (Cloutier, J.). We grant the petition for prohibition.

The following facts appear in the record. Elliot Hospital (Elliot) and Catholic Medical Center (CMC) are community hospitals in Manchester, organized as nonprofit charitable institutions...

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