406 S.E.2d 141

DEPARTMENT OF MEDICAL ASSISTANCE OF GEORGIA et al. v. BEVERLY ENTERPRISES, INC.

A90A0184.Court of Appeals of Georgia.
DECIDED APRIL 15, 1991.

BANKE, Presiding Judge.

The decision previously rendered by this court in the above-styled case, reported at 195 Ga. App. 753 (395 S.E.2d 15) (1990), having been reversed by the Supreme Court in Department of Med. Assistance c. v. Beverly Enterprises, 261 Ga. 59
(401 S.E.2d 499) (1991), that decision is hereby vacated; and, in accordance with the decision of the Supreme Court, the judgment of the trial court is hereby reversed.

Judgment reversed. Sognier, C. J., and Birdsong, P. J., concur. Cooper, J., disqualified.

DECIDED APRIL 15, 1991.
Administrative appeal. Fulton Superior Court. Before Judge Cooper.

Michael J. Bowers, Attorney General, H. Perry Michael, Executive Assistant Attorney General, Stephanie B. Manis, Deputy Attorney General, William C. Joy, Kathryn L. Allen, Senior Assistant

Page 555

Attorneys General, for appellants.

Troutman, Sanders, Lockerman Ashmore, Herbert D. Shellhouse, for appellee.

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