Bio-Medical Applications of North Carolina, Inc. v. North Carolina Department of Health and Human Services, 645 S.E.2d 762 (2007)

May 2, 2007 · Supreme Court of North Carolina · No. 549A06-2.
645 S.E.2d 762

BIO-MEDICAL APPLICATIONS OF NORTH CAROLINA, INC., Plaintiff
v.
NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, Division of Facility Services, Defendant and
North Carolina Department of Health and Human Services, Division of Facility Services, Medical Facilities Planning Section, Defendant and
Total Renal Care of North Carolina, LLC and Health Systems Management, Inc., Defendant-Intervenor.

No. 549A06-2.

Supreme Court of North Carolina.

May 2, 2007.

K. Edward Greene, Lee M. Whitman, Raleigh, Sarah M. Johnson, Winston-Salem, for Bio-Medical Applications.

Thomas R. West, Pamela A. Scott, William R. Shenton, Raleigh, Chad W. Essick, for Total Renal Care.

S. Todd Hemphill, Diana E. Ricketts, Raleigh, for Health Systems Management.

Susan K. Hackney, Amy Gray, Assistant Attorney Generals, for NCDHHS.

ORDER

Upon consideration of the petition filed by Plaintiff on the 2nd day of April 2007 for rehearing of the decision of this Court pursuant to Rule 31, N.C. Rules of Appellate Procedure, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 2nd day of May 2007."