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GIANT EAGLE v. MILK MARKETING BD.

157 Pa.Commw. 419 (1993)

630 A.2d 478

GIANT EAGLE, INC., Petitioner, v. COMMONWEALTH of Pennsylvania, MILK MARKETING BOARD, Respondent.

Commonwealth Court of Pennsylvania.

Decided July 30, 1993.

Reargument Denied September 10, 1993.

Attorney(s) appearing for the Case

David B. Rodes, for petitioner.

Randall N. Sears, Chief Counsel, for respondent.

Before PALLADINO and PELLEGRINI, JJ., and NARICK, Senior Judge.

PALLADINO, Judge.

Petitioner, Giant Eagle, Inc. (Giant Eagle), appeals an order of the Pennsylvania Milk Marketing Board (Board) which denied its application for a milk dealer's license. We reverse and remand.

In July, 1991, Giant Eagle applied to the Board for a milk dealer's license.1 Thereafter, a hearing was held before a hearing examiner acting on behalf of the Board...

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