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HOSPICE & PALLIATIVE CARE CHARLOTTE REGION v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES

No. 425P07.

654 S.E.2d 476 (2007)

HOSPICE & PALLIATIVE CARE CHARLOTTE REGION d/b/a Hospice at Charlotte, Petitioners v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, Division of Facility Services, Certificate of Need Section, Respondent and Community Home Care of Johnston County, Inc. d/b/a Community Home Care and Hospice, Respondent-Intervenor.

Supreme Court of North Carolina.

November 8, 2007.

Attorney(s) appearing for the Case

Marcus C. Hewitt, Kevin W. Benedict, Raleigh, for Community Home Care of Johnston. Co.

Renee J. Montgomery, Susan L. Dunathan, Raleigh, for Hospice at Charlotte.

June S. Ferrell, Susan K. Hackney, Assistant Attorney Generals, for NCDHHS.

Prior report: ___ N.C.App. ___, 648 S.E.2d 284.

ORDER

Upon consideration of the petition filed by Respondent-Intervenor on the 27th day of August 2007 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:

"Denied by order of the Court in conference, this the 8th day of November 2007."

Upon...

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