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ALBANY SURG. v. DEPT. OF COMMUNITY HEALTH

No. S04A1359.

602 S.E.2d 648 (2004)

278 Ga. 366

ALBANY SURGICAL, P.C. v. GEORGIA DEPARTMENT OF COMMUNITY HEALTH et al.

Supreme Court of Georgia.

September 13, 2004.

Attorney(s) appearing for the Case

Phears & Moldovan, Victor L. Moldovan, Brian E. Daughdrill, Norcross, for appellant.

Thurbert E. Baker, Atty.Gen., Sidney R. Barrett Jr., Asst.Atty.Gen., Parker, Hudson, Rainer & Dobbs, Thomas D. Watry, John Hinton Parker Jr., Leo E. Reichert, Perry & Walters, LLP, James E. Reynolds, Jr., Atlanta, for appellees.

THOMPSON, Justice.

This marks the second appearance of this case in our appellate courts. Previously, in Albany Surgical, P.C. v. Dept. of Community Health, 257 Ga.App. 636, 572 S.E.2d 638 (2002), our Court of Appeals affirmed the grant of summary judgment to defendants, but remanded for a determination of the constitutional issues raised, but not ruled on, in the trial court.

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