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MADISON HMA v. ST. DOMINIC-JACKSON HOSP.

No. 2009-CA-00754-SCT.

35 So.3d 1209 (2010)

MADISON HMA, INC. d/b/a Madison Regional Medical Center v. ST. DOMINIC-JACKSON MEMORIAL HOSPITAL.

Supreme Court of Mississippi.

June 3, 2010.

Attorney(s) appearing for the Case

Andy Lowry, Thomas L. Kirkland, Jr., Ridgeland, Allison Carter Simpson, attorneys for appellant.

Jonathan Robert Werne, Sheldon G. Alston, Edmund L. Brunini, Jr., Jackson, attorneys for appellee.

EN BANC.

RANDOLPH, Justice, for the Court:

¶ 1. In the case sub judice, this Court is presented with competing contracts for the acquisition of the same property: Madison Ambulatory Surgery Center, LLC's ("ASC") membership interest and its assets, which included a Certificate of Need ("CON") to exclusively operate an ambulatory center in Canton, Mississippi. St. Dominic-Jackson Memorial Hospital ("St. Dominic") entered into an agreement to purchase ASC and its...

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