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DIALYSIS SOLUTIONS v. DEPT. OF HEALTH

No. 2011-SA-01041-SCT.

96 So.3d 713 (2012)

DIALYSIS SOLUTIONS, LLC v. MISSISSIPPI STATE DEPARTMENT OF HEALTH; Mary Currier, in her Official Capacity as the Executive Director of the Department, State Health Officer; and RCG-Montgomery County, LLC.

Supreme Court of Mississippi.

Rehearing Denied September 20, 2012.

Attorney(s) appearing for the Case

Bryant Wandrick Clark , Lexington, Robert G. Clark, III , attorneys for appellant.

Office of the Attorney General by Beatryce McCrosky Tolsdorf , Barry K. Cockrell , attorneys for appellees.

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

RANDOLPH, Justice, for the Court:

¶ 1. The Mississippi State Department of Health ("MDH") entered a final order disapproving the certificate of need application of Dialysis Solutions, LLC. Pursuant to Mississippi Code Section 41-7-201, as amended, Dialysis Solutions filed a direct appeal of the MDH's final order with this Court. See Miss.Code Ann. § 41-7-201 (Supp.2011). Thereafter, this Court entered an order on its own motion, seeking briefing from...

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