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CHIPPENHAM & JOHNSTON-WILLIS v. PETERSON

Record No. 3075-00-2.

553 S.E.2d 133 (2001)

36 Va. App. 469

CHIPPENHAM & JOHNSTON-WILLIS HOSPITALS, INC., v. E. Anne PETERSON, M.D., State Health Commissioner, Bon Secours-Richmond Health System, Inc., Bon Secours-Stuart Circle Hospital, Inc. and Bon Secours-St. Francis Medical Center, Inc.

Court of Appeals of Virginia, Richmond.

October 9, 2001.

Attorney(s) appearing for the Case

Robert T. Adams (Thomas J. Stallings; McGuireWoods, on briefs), Richmond, for appellant.

Roscoe C. Roberts, Assistant Attorney General (Mark L. Earley, Attorney General; Ashley L. Taylor, Jr., Deputy Attorney General; Jane D. Hickey, Senior Assistant Attorney General, on brief), for appellee E. Anne Peterson, M.D., State Health Commissioner.

Matthew D. Jenkins (Mark S. Hedberg; Hunton & Williams, on brief), Richmond, for appellees Bon Secours-Richmond Health System, Inc., Bon Secours-Stuart Circle Hospital, Inc. and Bon Secours-St. Francis Medical Center, Inc.

Present: FITZPATRICK, C.J., and ELDER and CLEMENTS, JJ.

ELDER, Judge.

Chippenham and Johnston-Willis Hospitals, Inc., (Chippenham) appeals from a circuit court ruling affirming the decision of E. Anne Peterson, the State Health Commissioner, (the Commissioner). In that decision, the Commissioner concluded that Chippenham was not a "person showing good cause," as that term is defined in Code § 32.1-102.6(D), and, thus, was ineligible to participate in the informal fact finding conference held on the application of...

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