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MIDTOWN MED. v. DEPT. OF HEALTH & HOSPITALS

No. 2012 CA 1695.

136 So.3d 850 (2013)

MIDTOWN MEDICAL, LLC v. The DEPARTMENT OF HEALTH & HOSPITALS.

Court of Appeal of Louisiana, First Circuit.

December 5, 2013.

Attorney(s) appearing for the Case

Ellie T. Schilling , New Orleans, LA, for Plaintiff-Appellant Midtown Medical, LLC.

Neal R. Elliott, Jr. Baton Rouge, LA, for Defendant-Appellee Department of Health & Hospitals.

Before KUHN, PETTIGREW, and McDONALD, JJ.

PETTIGREW, J.

The plaintiff, Midtown Medical, LLC (Midtown), an outpatient abortion facility, appeals a trial court judgment that affirmed an administrative law decision finding that the defendant, Department of Health and Hospitals (DHH), lawfully imposed two separate $600.00 fines against Midtown, and that the bases for imposing those fines (alleged violations of the applicable Louisiana Administrative Code regulation) were proper. Because we find that DHH was without...

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