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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 conditional petition filed on the 25th day of September 2007 by Petitioner in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference...

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