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ST. DOMINIC HOSP. v. MISS. DEPT. OF HEALTH

No. 2006-SA-00281-COA.

954 So.2d 505 (2007)

ST. DOMINIC-JACKSON MEMORIAL HOSPITAL, Appellant v. MISSISSIPPI STATE DEPARTMENT OF HEALTH and Madison HMA, Inc. d/b/a Madison Regional Medical Center, Appellees.

Court of Appeals of Mississippi.

April 17, 2007.

Attorney(s) appearing for the Case

Jonathan R. Werne, Edmund L. Brunini, Jr., Jackson, attorneys for appellant.

Andy Lowry, Allison C. Simpson, Thomas L. Kirkland, Jr., Ridgeland, Donald E. Eicher, III, Flowood, attorneys for appellees.

Before LEE, P.J., ISHEE and ROBERTS, JJ.

LEE, P.J., for the Court.

FACTS AND PROCEDURAL HISTORY

¶ 1. On December 9, 2004, Madison HMA, Inc., d/b/a Madison County Medical Center (MCMC), filed a certificate of need (CON) application to relocate and replace its entire sixty-seven bed hospital in Canton, Mississippi, to a location off Interstate 55 on the Nissan Parkway (a distance of less than five miles). Madison HMA is a wholly owned subsidiary of Health Management Associates, Inc. (HMA). In...

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