Memorandum

To:	Judge Edward H. Johnson
From:	William L. Martin, III
Subject:	A98A0584 .	North Fulton Medical Center, Inc. v. State Health Planning Agency, et al (a.k.a. the case from Hell)
Date:	January 26, 1998

I have spoken with David Bailey of Jones, Day, Reavis & Pogue regarding the renewed motion to file a supplemental brief. Because of the misnomenclature of Kathy Butler in filing her motion for the supplement brief, calling herself the appellant, when in fact she was the appellee, after the Court granted the motion to appellant North Fulton, North Fulton thought the Court had not acted on its motion, but Ms. Butler's. The renewed motion contains the supplemental brief and Mr. Bailey said that he felt he needed to respond to the appellee's supplemental brief and that after this brief he will "shut up".

I recommend granting the motion and issuing an order that the supplemental brief attached to the order will be accepted and I further recommend that we clarify the order of December 30th when we thought we were granting his motion to specifically state that the order was granting appellee NorthSide 's supplemental brief, which has already been filed. This will permit everyone to have a supplemental brief and done with it, I hope.

cc:	Pam Kilpatrick