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MEDICAL CENTER v. STATE HEALTH PLANNING AGENCY

Nos. A95A1086, A95A1087.

464 S.E.2d 925 (1995)

219 Ga. App. 334

The MEDICAL CENTER, INC. v. STATE HEALTH PLANNING AGENCY et al. COLUMBUS DOCTORS HOSPITAL, INC. v. The MEDICAL CENTER, INC.

Court of Appeals of Georgia.

December 5, 1995.

Attorney(s) appearing for the Case

King & Spalding, Richard L. Shackleford, Frank C. Jones, Atlanta, Rothschild & Morgan, Jerome M. Rothschild, Columbus, for The Medical Center, Inc.

Michael J. Bowers, Attorney General, William W. Calhoun, Patricia Guilday, Assistant Attorneys General, for State Health Planning Agency.

Nelson, Mullins, Riley & Scarborough, Stanley S. Jones, Jr., Edward C. Brewer III, Jennifer D. Malinovsky, Atlanta, Page & Scrantom, W.G. Scrantom, Jr., Columbus, Fleming, Drumond & Ray, Atlanta, for Columbus Doctors Hospital, Inc.

Parker, Hudson, Rainer & Dobbs, John H. Parker, Jr., Armando L. Basarrate, Atlanta, amici curiae.

POPE, Presiding Judge.

The Medical Center, Inc. ("TMC") provides obstetric and neonatal services to residents of Columbus, Georgia and the surrounding area. In January 1991, the State Health Planning Agency ("SHPA") approved TMC's application for a certificate of need to renovate certain areas of its hospital, including its obstetric unit. One month later, SHPA denied two applications for new perinatal services, which were filed by Columbus Doctors Hospital, Inc....

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