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MED-TRANS CORP. v. BENTON

No. 5:07-CV-222-FL.

581 F.Supp.2d 721 (2008)

MED-TRANS CORPORATION, Plaintiff, v. Dempsey BENTON, Secretary of the North Carolina Department of Health and Human Services, in his official capacity; Robert J. Fitzgerald, Director, Division of Health Service Regulation, North Carolina Department of Health and Human Services, in his official capacity; Lee B. Hoffman, Chief of the Certificate of Need Section, Division of Health Service Regulation, North Carolina Department of Health and Human Services, in her official capacity; Drexdal R. Pratt, Chief of the Office of Emergency Medical Services, Division of Health Service Regulation, North Carolina Department of Health and Human Services, in his official capacity, Defendants.

United States District Court, E.D. North Carolina, Western Division.

September 26, 2008.

Attorney(s) appearing for the Case

Noah H. Huffstetler, III, Stephen D. Martin, Wallace C. Hollowell, III, Nelson Mullins Riley & Scarborough LLP, Raleigh, NC, for Plaintiff.

Angel Evon Gray, N.C. Department of Justice, Raleigh, NC, for Defendants.

Maureen D. Murray, Smith Moore Leatherwood, LLP, Greensboro, NC, Amicus.

ORDER

LOUISE W. FLANAGAN, Chief Judge.

This matter comes before the court on plaintiff's motion for judgment on the pleadings. (DE # 53). The issues raised are ripe for ruling. For the following reasons plaintiff's motion is granted in part and denied in part.

BACKGROUND

Plaintiff, a North Dakota corporation which presents itself as "one of the nation's leading providers of air ambulance services," and operates, among many others, two air...

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