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MISSION HOSPITALS, INC. v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES

No. 498P06.

636 S.E.2d 576 (2006)

MISSION HOSPITALS, INC., Petitioner and North Carolina Radiation Therapy Management Services, Inc., d/b/a 21st Century Oncology, Petitioner-Intervenor v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF FACILITY SERVICES, CERTIFICATE OF NEED SECTION, Respondent and Asheville Hematology and Oncology Associates, P.A., Resondent-Intervenor.

Supreme Court of North Carolina.

September 15, 2006.

Attorney(s) appearing for the Case

Robert V. Bode, S. Todd Hemphill, Diana Evans Ricketts, Raleigh, Matthew A. Fisher, for Asheville Hematology.

June S. Ferrell, Assistant Attorney General, for DHR.

Susan H. Hargrove, Sean A. Timmons, Jennifer B. Markham, Raleigh, for NC Radiation Therapy.

Maureen D. Murray, Greensboro, Allyson Jones Labbon, William W. Stewart, Raleigh, for Mission Hospitals.

ORDER

Upon consideration of the petition filed by Intervenor (Asheville Hematology) on the 11th day of September 2006 for Writ of Supersedeas and Motion for Temporary Stay of the judgment of the Court of Appeals in this matter, 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 15th day of September 2006...

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