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MSDH v. BAPTIST MEMORIAL HOSP.-DeSOTO, INC.

No. 2007-SA-00035-SCT.

984 So.2d 967 (2008)

MISSISSIPPI STATE DEPARTMENT OF HEALTH and DeSoto Imaging & Diagnostics, LLC v. BAPTIST MEMORIAL HOSPITAL-DeSOTO, INC. d/b/a Baptist Memorial Hospital-DeSoto and DeSoto Diagnostic Imaging, LIC d/b/a Carvel Imaging.

Supreme Court of Mississippi.

June 19, 2008.

Attorney(s) appearing for the Case

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

Barry K. Cockrell, Kathryn Russell Gilchrist, David Weldon Donnell, Jackson, attorneys for appellees.

Before DIAZ, P.J., DICKINSON and RANDOLPH, JJ.

RANDOLPH, Justice, for the Court.

¶ 1. DeSoto Imaging and Diagnostics, LLC ("DeSoto") entered into an agreement with Alliance Imaging ("Alliance") for the provision of mobile magnetic resonance imaging ("MRI") services, contingent upon DeSoto procuring a Certificate of Need ("CON") from the Mississippi State Department of Health ("MSDH"). DeSoto's subsequently filed CON application was opposed by Baptist Memorial Hospital-DeSoto, Inc. ("Baptist") and DeSoto Diagnostic...

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