MED-TRANS CORP. v. BENTON

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

591 F.Supp.2d 812 (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.

October 15, 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.


ORDER OF PERMANENT INJUNCTION

LOUISE W. FLANAGAN, Chief Judge.

In accordance with this court's order of September 26, 2008, granting in part and denying in part plaintiffs motion for judgment on the pleadings, and upon review of the proposed injunction jointly filed by the parties, defendants are permanently enjoined from the following activities prescribed by the state statutory and regulatory framework that this court has found to be preempted by federal...

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