Bio-Medical Applications of North Carolina, Inc. v. North Carolina Department of Health & Human Services

634 S.E.2d 572 (2006)

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. COA05-294.

Court of Appeals of North Carolina.

September 19, 2006.

Kennedy Covington Lobdell & Hickman, LLP, by Gary S. Qualls, Research Triangle Park, plaintiff-appellant.

Attorne…