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BIO-MEDICAL APPLICATIONS OF NORTH CAROLINA, INC. v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES

No. 549A06.

638 S.E.2d 463 (2006)

BIO-MEDICAL APPLICATIONS OF NORTH CAROLINA, INC., Plaintiff v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, Division of Facility Services, Defendant and North Carolina Department of Health and Human Services, Division of Facility Services, Medical Facilities Planning Section, Defendant and Total Renal Care of North Carolina, LLC and Health Systems Management, Inc., Defendant-Intervenor.

Supreme Court of North Carolina.

November 16, 2006.

Attorney(s) appearing for the Case

K. Edward Greene, Lee M. Whitman, Raleigh, Sarah M. Johnson, Winston-Salem, for Bio-Medical Applications.

Thomas R. West, Pamela A. Scott, William R. Shenton, Raleigh, for Total Renal Care.

Amy Y. Bason, Angel E. Gray, Assistant Attorney Generals, for NCDHHS.

S. Todd Hemphill, Diana E. Ricketts, Raleigh, for Health Systems Management.

Prior report: ___ N.C.App. ___, 634 S.E.2d 572.

ORDER

Upon consideration of the petition filed by Plaintiff on the 18th day of October 2006 for Writ of Supersedeas of the judgment of the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Allowed by order of the Court in conference, this the 16th day of November 2006."

Upon consideration...

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