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GOOD HOPE HOSP. v. DEPT. OF HEALTH

No. COA04-1008.

620 S.E.2d 873 (2005)

GOOD HOPE HOSPITAL, INC., Good Hope Health System, LLC, and Triad Hospitals, Inc., Plaintiffs, and Town of Lillington, Plaintiff-Intervenor, v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, Division of Facility Services, and Robert J. Fitzgerald, Lee B. Hoffman, Phyllis Thorne Daw, William Warren in their official capacities, and Betsy Johnson Regional Hospital, Inc. and Amisub of North Carolina, Inc. d/b/a Central Carolina Hospital, Defendants.

Court of Appeals of North Carolina.

November 1, 2005.

Attorney(s) appearing for the Case

Smith Moore LLP, by Maureen Demarest Murray, Susan M. Fradenburg, and William W. Stewart, Jr., Greensboro, for plaintiffs-appellants.

Morgan, Reeves and Gilchrist, by C. Winston Gilchrist, Lillington, for plaintiff-intervenor-appellant.

Attorney General Roy Cooper, by Special Deputy Attorney General Melissa L. Trippe and Special Deputy Attorney General R. Marcus Lodge, for State defendants-appellees.

Wyrick Robbins Yates & Ponton LLP, by K. Edward Greene and Kathleen A. Naggs, and Nelson Mullins Riley & Scarborough, L.L.P., by Noah H. Huffstetler, III, Denise M. Gunter and Lisa R. Gordon, Raleigh, for defendant-appellee Betsy Johnson Regional Hospital, Inc.

Bode, Call & Stroupe, L.L.P., by S. Todd Hemphill and Robert V. Bode, Raleigh, for defendant-appellee Amisub of North Carolina, Inc., d/b/a Central Carolina Hospital.

STEELMAN, Judge.

Plaintiffs appeal the dismissal of their claims by the trial court. Because the trial court dismissed the claims under Rule 12(b) of the Rules of Civil Procedure, our recitation of the relevant factual background is based upon the allegations contained in plaintiffs' complaint.

Plaintiff Good Hope Hospital (Good Hope) is currently located in Erwin, Harnett County. Its facility was originally constructed...

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