Legal Opinion

Baptist Memorial Hospital—Desoto, Inc. v. Mississippi Health Care Commission

District Court, S.D. Mississippi

Decided September 10, 1985No. Civ. A. J85-0781(B)PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

BARBOUR, District Judge.

The Court has before it (1) the Motion of Defendants, DeSoto General Hospital, Inc. and DeSoto Medical Center, Inc. (“DeSoto”), to Dismiss the Complaint of Plaintiff, Baptist Memorial Hospital-DeSoto, Inc. (“Baptist”); (2) the Motion of Baptist for a Preliminary Injunction; (3) the Motion of Baptist For Leave to File its Second Amended Complaint; and (4) the Motion of Defendant, Mississippi Health Care Commission (“Commission”) to Dismiss.

FACTS

This dispute involves a three-way struggle for a Certificate of Need (“CON”) to construct the only…

2Cases cited27 opinions

  1. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  4. Perry v. SindermannSupreme Court of the United States · 1972
  5. Lugar v. Edmondson Oil Co.Supreme Court of the United States · 1982

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3Cited by1 opinion

  1. Chrissy F. Ex Rel. Medley v. Mississippi Department of Public WelfareDistrict Court, S.D. Mississippi · 1991

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