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WAKE FOREST v. DEPT. OF HEALTH

No. COA05-1597.

638 S.E.2d 219 (2006)

WAKE FOREST UNIVERSITY HEALTH SCIENCES and Huntersville Dialysis Center of Wake Forest University d/b/a Huntersville Dialysis Center, Petitioner, v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, Division of Facility Services, Respondent and Bio-Medical Applications of North Carolina, Inc. and Total Renal Care of North Carolina, LLC, Respondent-Intervenor.

Court of Appeals of North Carolina.

November 21, 2006.

Attorney(s) appearing for the Case

Bode, Call & Stroupe, LLP, by S. Todd Hemphill, Diana Evans Ricketts and Matthew A. Fisher, for petitioner-appellant.

Attorney General Roy Cooper, by Assistant Attorney General Thomas M. Woodward, for respondent-appellee.

Wyrick Robbins Yates & Ponton, LLP, by K. Edward Greene, Lee M. Whitman and Sarah M. Johnson, for respondent-intervenor appellee, Bio-Medical Applications of North Carolina, Inc.

Poyner & Spruill, LLP, by William R. Shenton, Thomas R. West and Pamela A. Scott, for respondent-intervenor appellee, Total Renal Care of North Carolina, LLC.

MARTIN, Chief Judge.

Wake Forest University Health Sciences and Huntersville Dialysis Center (hereinafter "Petitioners") appeal the final agency decision of the North Carolina Department of Health and Human Services, Division of Facility Services, granting summary judgment in favor of Respondents and upholding the decision of the Certificate of Need Section of the Facility Services Division to deny Petitioners' application for the transfer of ten dialysis stations...

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