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MERCY HOSPITALS EAST COMMUNITIES v. MHFRC

No. SC 92015.

362 S.W.3d 415 (2012)

MERCY HOSPITALS EAST COMMUNITIES, f/k/a St. John's Mercy Health System, Appellant, v. MISSOURI HEALTH FACILITIES REVIEW COMMITTEE and James K. Tellatin, Respondents, Patients First Community Hospital, Respondent.

Supreme Court of Missouri, En Banc.

April 17, 2012.

Attorney(s) appearing for the Case

Dudley W. Von Holt , Bruce D. Ryder , Allen D. Allred , Jeffery R. Fink and Lisa M.N. Debord , Thompson Coburn LLP, St. Louis, for St. John's.

Kevin Hall , William S. Vanderpool and John Phillips , Attorney General's Office, Jefferson City, for The Committee.

Richard B. Walsh Jr. , Evan Z. Reid and Anne R. Kerns , Lewis, Rice & Fingersh LLC, St. Louis, for Patient's First.

RICHARD B. TEITELMAN, Chief Justice.

St. John's Mercy Health System appeals the trial court's dismissal of its claim challenging a rule promulgated by the Missouri Health Facilities Review Committee (MHFRC) and applied to intervenor Patients First Community Hospital. St. John's challenges the validity of the MHFRC rule that exempts new hospitals costing less than $1 million from the statutory requirement of obtaining a certificate of need. St. John's has presented...

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