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OKTIBBEHA COUNTY HOSP. v. MISSISSIPPI DOH

No. 2006-SA-00358-SCT.

956 So.2d 207 (2007)

OKTIBBEHA COUNTY HOSPITAL v. MISSISSIPPI STATE DEPARTMENT OF HEALTH, Mississippi State University and Premier Radiology, P.A.

Supreme Court of Mississippi.

May 17, 2007.

Attorney(s) appearing for the Case

Crane D. Kipp, George Quinn Evans, Jackson, attorneys for appellant.

Andy Lowry, Allison Carter Simpson, Thomas L. Kirkland, Ridgeland, Donald E. Eicher, Flowood, attorneys for appellee.

EN BANC.

DICKINSON, Justice, for the Court.

¶ 1. The Oktibbeha County Hospital appeals the entry of a final judgment affirming the grant of a certificate of need ("CON") for a magnetic resonance imaging unit to Mississippi State University and Premier Radiology, P.A. This Court is asked to determine whether Miss.Code Ann. § 41-7-191(16)(Rev.2005) is a legislative mandate, and if so, whether such interpretation complies...

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