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OMAHA HEALTH FACIL. v. DEPT. OF HEALTH

No. 87-553.

439 N.W.2d 78 (1989)

231 Neb. 957

OMAHA HEALTH FACILITIES, INC., Appellant, v. DEPARTMENT OF HEALTH, STATE OF NEBRASKA, Appellee.

Supreme Court of Nebraska.

April 27, 1989.

Attorney(s) appearing for the Case

James W.R. Brown and Thomas R. Brown, of Fitzgerald & Brown, Omaha, and Lem T. Jones, Jr., of Jones & Lehr, P.C., Kansas City, Mo., for appellant.

Robert M. Spire, Atty. Gen., and Marilyn B. Hutchinson, Lincoln, for appellee.

HASTINGS, C.J., CAPORALE, and GRANT, JJ., and BURKHARD and WITTHOFF, District Judges.

HASTINGS, Chief Justice.

Omaha Health Facilities, Inc. (applicant), has appealed from the judgment of the district court, which affirmed the order of the Certificate of Need Appeal Panel. That panel had affirmed the action of the Certificate of Need Review Committee, which accepted the recommendation of the Department of Health of the State of Nebraska (department) in denying applicant's request for a certificate of need to build a nursing care facility in Douglas...

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