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ALBANY SURGICAL v. DEPARTMENT OF COMMUNITY

No. A02A1836.

572 S.E.2d 638 (2002)

257 Ga. App. 636

ALBANY SURGICAL, P.C. v. DEPARTMENT OF COMMUNITY HEALTH.

Court of Appeals of Georgia.

Certiorari Denied January 13, 2003.

Attorney(s) appearing for the Case

Phears & Moldovan, Victor L. Moldovan, Norcross, for appellant.

Thurbert E. Baker, Atty. Gen., Robert S. Bomar, Deputy Atty. Gen., Harold D. Melton, Senior Asst. Atty. Gen., Sidney R. Barrett, Jr., Asst. Atty. Gen., Perry & Walters, James E. Reynolds, Jr., Albany, Parker, Hudson, Rainer & Dobbs, John H. Parker, Jr., Thomas D. Watry, Atlanta, for appellee.

Bondurant, Mixson & Elmore, Michael B. Terry, Corey F. Hirokawa, Vicky O. Kimbrell, Lisa J. Krisher, Phyllis J. Holmen, Atlanta, amici curiae.

ELDRIDGE, Judge.

This is an appeal from the grant of summary judgment for the Department of Community Health, Division of Health Planning, in a declaratory judgment action brought by Albany Surgical, P.C. seeking to declare invalid Ga. Comp. R. & Regs. Rules 272-2.01(19)(h) 3 and 272-2-.09(1)(b) 10 ("DHP Rule"), which provides that an ambulatory surgery center engaged only in the practice of "general surgery" does not...

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