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HTC v. MISSISSIPPI STATE DEPT. OF HEALTH

No. 2007-SA-01086-COA.

20 So.3d 694 (2009)

HTC HEALTHCARE II, INC. d/b/a HTC Healthcare II, Lucedale, Appellant, v. MISSISSIPPI STATE DEPARTMENT OF HEALTH and George County Hospital, Appellees.

Court of Appeals of Mississippi.

Rehearing Denied August 11, 2009.

Certiorari Denied October 29, 2009.

Attorney(s) appearing for the Case

Thomas L. Kirkland, Andy Lowry, Ridgeland, attorneys for appellant.

Donald E. Eicher, Flowood, Barry K. Cockrell, Jackson, Sarah E. Berry, Flowood, attorneys for appellees.

EN BANC.

IRVING, J., for the Court.

¶ 1. HTC Healthcare II, Inc. (HTC), George County Hospital (GCH), and Delco, Inc., submitted competing applications for a certificate of need (CON) to the Mississippi State Department of Health (the Department) to construct a sixty-bed skilled nursing facility in George County. The Department granted the CON to GCH, and HTC appealed the decision to the Chancery Court of Hinds County. The chancery court affirmed the decision of the Department...

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