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AUBURN MEDICAL CENTER, INC. v. COBB

Civil Action No. 2:03cv1225-MHT.

567 F.Supp.2d 1333 (2008)

AUBURN MEDICAL CENTER, INC., Plaintiff, v. Sue Bell COBB, in her official capacity as Chief Justice, et al., Defendants.

United States District Court, M.D. Alabama, Northern Division.

March 21, 2008.

Attorney(s) appearing for the Case

Alvin T. Prestwood, Prestwood & Associates PC, Hugh V. Smith, Jr., P.C., Montgomery, AL, for Plaintiff.

Jeffery Harris Long, Office of the Attorney General, Mark Douglas Wilkerson, Wilkerson & Bryan PC, Patricia Elaine Ivie, Alabama Department of Public Health, James Flynn Mozingo, Melton Espy & Williams, PC, James Eugene Williams, Melton Espy & Williams, PC, Roy Wylie Granger, III, Office of the Secretary of State Legal, David R. Boyd, Balch & Bingham, JoClaudia Moore, Robin Garrett Laurie, Balch & Bingham, LLP Montgomery, AL, for Defendants.

OPINION

MYRON H. THOMPSON, District Judge.

This case is a recent chapter in a long-standing dispute between plaintiff Auburn Medical Center, Inc., (AMC) and defendant East Alabama Health Care Authority, doing business as East Alabama Medical Center (EAMC), over which entity should receive a certificate of need (CON), which is defined under Alabama law as "A permit... before which no person, except as exempted...

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