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RALEIGH RADIOLOGY LLC v. N.C. DHHS

No. COA18-785-2.

833 S.E.2d 15 (2019)

RALEIGH RADIOLOGY LLC d/b/a Raleigh Radiology Cary, Petitioner, v. N.C. DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF HEALTH SERVICE REGULATION, HEALTH CARE PLANNING & CERTIFICATE OF NEED, Respondent, and Duke University Health System, Respondent-Intervenor.

Court of Appeals of North Carolina.

Filed: August 6, 2019.

Attorney(s) appearing for the Case

Brooks, Pierce, McLendon Humphrey & Leonard, L.L.P., Greensboro, by James C. Adams, II , for Petitioner Raleigh Radiology LLC.

Attorney General Joshua H. Stein , by Assistant Attorney General Bethany A. Burgon , for Respondent N.C. Department of Health and Human Services, Division of Health Service Regulation, Health Care Planning & Certificate of Need.

Poyner Spruill LLP, by Kenneth L. Burgess , Rocky Mount, William R. Shenton , and Matthew A. Fisher , Raleigh, for Respondent-Intervenor Duke University Health System.

Petitioner Raleigh Radiology LLC ("Raleigh") and Respondents N.C. Department of Health and Human Services, Division of Health Care Regulation, Health Care Planning and Certificate of Need (the "Agency"), and Duke University Health System ("Duke") all appeal a final decision of the Office of Administrative Hearings ("OAH") regarding...

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