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ADVENTIST v. SUBURBAN

No. 114, Sept. Term, 1997.

711 A.2d 158 (1998)

350 Md. 104

ADVENTIST HEALTHCARE MIDATLANTIC, INC. d/b/a Washington Adventist Hospital, Inc. et al. v. SUBURBAN HOSPITAL, INC., et al.

Court of Appeals of Maryland.

Reconsideration Denied July 28, 1998.

Attorney(s) appearing for the Case

Joel Tornari, Asst. Atty. Gen., J. Joseph Curran, Jr., Atty. Gen., C. Frederick Ryland, Asst. Atty. Gen., Baltimore, and Howard L. Sollins (Marc K. Cohen, Ober, Kaler, Grimes & Shriver, Baltimore; John R. Metz, Lerch, Early & Brewer, Chtd., Bethesda), on brief, for appellants.

Jack C. Tranter (Thomas C. Dame, Gallagher, Evelius & Jones, Baltimore), and Richard G. McAlee (Richard G. McAlee, P.A., Crofton), on brief, for appellees.

Argued before BELL, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, RAKER, WILNER and CATHELL, JJ.

WILNER, Judge.

This is a battle over administrative procedure. Two Washington metropolitan area hospitals—Suburban Hospital and Holy Cross Hospital—filed applications with the Maryland Health Resources Planning Commission for a certificate of need (CON) to establish and operate open heart surgery (OHS) units at their respective hospitals. A third area hospital, Washington Adventist Hospital, opposed those applications. Upon the recommendation of its...

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