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MOORESVILLE HOSP. MANAG. ASSOC. INC., v. N.C. DEPT. OF HEALTH AND HUMAN SERV.

No. 404P03.

586 S.E.2d 93 (2003)

MOORESVILLE HOSPITAL MANAGMENT ASSOCIATES, INC., d/b/a Lake Norman Regional Medical Center, Petitioner v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, Division of Facility Services, Certificate of Need Section; Robert J. Fitzgerald in his official capacity as Director of the Division of Facility Services, and Lee B. Hoffman, in her official capacity as Chief of the Certificate of Need Section, Respondents and The Presbyterian Hospital and The Town of Huntersville, Respondent-Intervenors.

Supreme Court of North Carolina.

August 21, 2003.

Attorney(s) appearing for the Case

Noah H. Huffstetler, III, Wallace C. Hollowell, III, Raleigh, Denise M. Gunter, Winston-Salem, for The Presbyterian Hospital and the Town of Huntersville.

James A. Wellons, Special Deputy Attorney General, for NCDHHS, Fitzgerald, Hoffman.

Maureen Damarest Murray, Greensboro, John C. Feenebresque, C. Ralph Kinsey, Jr., Charlotte, for Mooresville Hospital Management Associates, Inc. et al.

ORDER

Upon consideration of the petition filed by Respondents and Respondent-Intervenors in this matter for discretionary review under G.S. 7A-31 prior to a determination by the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 21st day of...

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