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IN RE APPLICATION FOR CERTIFICATE OF NEED

No. 83-212.

689 P.2d 108 (1984)

In re Application for CERTIFICATE OF NEED BY HCA HEALTH SERVICES OF WYOMING, INC. LANDER VALLEY REGIONAL MEDICAL CENTER, Petitioner, v. WYOMING CERTIFICATE OF NEED REVIEW BOARD, and HCA Health Services of Wyoming, Inc., Respondents.

Supreme Court of Wyoming.

October 3, 1984.

Attorney(s) appearing for the Case

David R. Nicholas and Philip Nicholas of Corthell, King, McFadden, Nicholas, Prehoda & Olson, Laramie, John D. Harwell of Memel, Jacobs, Pierno & Gersh, Los Angeles, Cal., for petitioner.

A.G. McClintock, Atty. Gen., Kathleen M. Karpan, Asst. Atty. Gen., G. Paul Hunter, Legal Intern, Cheyenne, for respondent Wyoming Certificate of Need Review Bd.

Richard I. Leedy of Hettinger & Leedy, Riverton, Michael R. Murphy and Gregg I. Alvord of Jones, Waldo, Holbrook & McDonough, Salt Lake City, Utah, for respondent HCA Health Services of Wyoming, Inc.

Before ROONEY, C.J., and THOMAS, ROSE, BROWN and CARDINE, JJ.

ROSE, Justice.

This case concerns the obligation of the State Certificate of Need Review Board (Board), created by The New Institutional Health Services Act, §§ 35-2-201 through 35-2-214, W.S. 1977, to afford a trial-type hearing to one hospital in connection with authorizing the construction of a competing hospital in a neighboring community. We will hold that federal and state statutes require the Board to provide an opportunity for a hearing to entities...

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