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FOODLAND v. STATE EX REL. WV DHHR

No. 26731.

532 S.E.2d 661 (2000)

207 W.Va. 392

Clay FOODLAND, Petitioner Below, Defendant, v. STATE of West Virginia ex rel. WV DEPARTMENT OF HEALTH AND HUMAN RESOURCES, BUREAU OF PUBLIC HEALTH/WOMEN, INFANT AND CHILDREN'S (WIC) SUPPLEMENTAL FOOD PROGRAM, Respondent Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided June 12, 2000.

Dissenting Opinion of Justice Scott June 22, 2000.

Attorney(s) appearing for the Case

David D. Molgaard, Esq., Charleston, West Virginia, Attorney for Defendant.

Darrell V. McGraw, Jr., Esq., Attorney General, Dennise Smith, Esq., Assistant Attorney General, Charleston, West Virginia, Attorneys for Appellee.

MAYNARD, Chief Justice:

Clay Foodland appeals the March 24, 1999 order entered by the Circuit Court of Kanawha County, West Virginia, which upheld the Department of Health and Human Resources' hearing examiner's decision to assess thirty sanction points against the vendor for an overcharge violation. Clay Foodland was thereby disqualified from participating in the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) for two years. The vendor...

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