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MICHAEL F. BEIRNE AND LAKE OTIS CLINIC, INC., AN ALASKAN NON-PROFIT CORPORATION, APPELLANTS, v. ROBERT LONDON SMITH, COMMISSIONER OF THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES; THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES OF THE STATE OF ALASKA; HUMANA HOSPITAL ALASKA, INC., AN ALASKA CORPORATION; AND THE SISTERS OF PROVIDENCE IN WASHINGTON, D/B/A PROVIDENCE HOSPITAL, APPELLEES.

ORDER

IT IS HEREBY ORDERED:

The judgment of the superior court is AFFIRMED by an evenly divided court.

COMPTON, J., not participating.

Rabinowitz, Chief Justice, and Matthews, Justice, would remand to the commissioner, with instructions to file a decisional document explaining the basis of his decision.

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BEIRNE v. SMITH
(Sep 16, 1985)