Judge denies Cabell Huntington Hospital's motion to dismiss appeal

A Kanawha County Circuit Court judge denied Cabell Huntington (W. Va.) Hospital's motion to dismiss Steel of West Virginia's appeal of the hospital's agreement to acquire Huntington, W. Va.-based St. Mary's Medical Center, according to The Herald-Dispatch.

In its motion to dismiss the petition for appeal, Cabell Huntington argued the county in which Steel of West Virginia filed the appeal has no jurisdiction over the case.

In his order, Circuit Court Judge James Stucky dismissed the motion due to a recent provision passed by the West Virginia legislature which provides for judicial review of final orders relating specifically to cooperative agreements.

Cabell Huntington began its $165 million acquisition of St. Mary's in 2014. The West Virginia Health Care Authority approved the acquisition in June 2015.

The FTC filed a complaint against the merger in November 2015, citing that the proposed merger would affect market competition in the area. The FTC dropped its complaint last month in light of the cooperative agreement law passed in March.

The court has yet to issue a ruling on Steel of West Virginia's motion to stay the acquisition until after the appeal hearing, according to the article.

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