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BIO-MEDICAL v. DEPT. OF HEALTH

No. 549A06.

641 S.E.2d 303 (2007)

BIO-MEDICAL APPLICATIONS OF NORTH CAROLINA, INC., Plaintiff v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF FACILITY SERVICES, and North Carolina Department of Health and Human Services, Division of Facility Services, Medical Facilities Planning Section, Defendants, and Total Renal Care of North Carolina, LLC and Health Systems Management, Inc., Defendant-Intervenors.

Supreme Court of North Carolina.

March 9, 2007.

Attorney(s) appearing for the Case

Wyrick Robbins Yates & Ponton, LLP, by K. Edward Greene, Raleigh, for plaintiff-appellant.

Roy Cooper, Attorney General, by Amy Y. Bason, Assistant Attorney General, for defendant-appellees.

Poyner & Spruill, LLP, by Thomas R. West, Pamela A. Scott, and Chad W. Essick, for Total Renal Care of North Carolina, LLC; and Bode, Call & Stroupe, LLP, by S. Todd Hemphill and Diana E. Ricketts, Raleigh, for Health Systems Management, Inc., defendant-intervenor-appellees.

PER CURIAM.

The North Carolina Department of Health and Human Services (DHHS) issued a semi-annual dialysis report indicating a need for additional dialysis service stations in Wake County. Bio-Medical Applications of North Carolina, Inc. (Bio-Medical) brought an action in Wake County Superior Court challenging the data on which the semi-annual report was based and requesting a declaratory judgment, as well as preliminary and permanent injunctions and a writ of mandamus...

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