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AFFORDABLE CARE v. STATE BD. OF DENTAL EX.

No. COA01-1526.

571 S.E.2d 52 (2002)

AFFORDABLE CARE, INC., American Dental Partners, Inc., American Dental Partners of North Carolina, Inc., Dental Care Partners, Inc., and Dental Health Management, Inc., plaintiff's, v. NORTH CAROLINA STATE BOARD OF DENTAL EXAMINERS; the North Carolina Rules Review Commission, and Julian Mann, III, in his official capacity as the Codifier of Rules, Defendants.

Court of Appeals of North Carolina.

November 5, 2002.

Attorney(s) appearing for the Case

Kilpatrick Stockton LLP, by Noah H. Huffstetler, III, Sharon L. McConnell, and Emily A. Moseley, Raleigh, for plaintiff-appellants.

Attorney General Roy A. Cooper, III, by Assistant Attorney General Grady L. Balentine, Jr., for defendant-appellee North Carolina Rules Review Commission.

Ellis & Winters, LLP, by Richard W. Ellis and Paul K. Sun, Jr., Raleigh, for defendant-appellee North Carolina State Board of Dental Examiners.

MARTIN, Judge.

Affordable Care, Inc., American Dental Partners, Inc., American Dental Partners of North Carolina, Inc., Dental Care Partners, Inc., and Dental Health Management, Inc. ("plaintiff's") filed this action in the superior court challenging the validity of administrative Rule 21 NCAC 16X.0101, entitled "Management Arrangements Rule" (hereinafter "the Rule") proposed by the North Carolina State Board of Dental Examiners ("the Board") and adopted into law...

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