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COMMUNITY CARE CENTER OF LEMAY v. MHFRC

No. WD 60805.

92 S.W.3d 232 (2002)

COMMUNITY CARE CENTER OF LEMAY and The Missouri Health Care Association, Appellants, v. MISSOURI HEALTH FACILITIES REVIEW COMMITTEE and Tenet Healthcare DI, LLC, Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer December 24, 2002.

Application for Transfer Denied January 28, 2003.

Attorney(s) appearing for the Case

Jon E. Beetem, Jefferson City, MO, for Appellants.

Jeremiah W. (Jay) Nixon, Atty. Gen., Daryl Hylton, Assistant Attorney General, Jefferson City, MO, for Respondent Missouri Health Facilities Review Committee.

Richard D. Watters and Carolyn M. Kopsky, St. Louis, MO, for Respondent Tenet DI, LLC.

Before BRECKENRIDGE, P.J., and HOWARD and HOLLIGER, JJ.

Motion for Rehearing and/or Transfer to Supreme Court December 24, 2002.

VICTOR C. HOWARD, Judge.

Community Care Center of Lemay and The Missouri Health Care Association appeal from the trial court's dismissal of their petition for declaratory judgment, which sought a declaration that the certificate of need issued by the Missouri Health Facilities Review Committee ("MHFRC") to Tenet Healthcare DI, LLC ("Tenet") for the replacement of beds at a nursing care...

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