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B.B. KIM'S MARKET v. DEPT. OF HEALTH

762 A.2d 1134 (2000)

B.B. KIM'S MARKET, INC., Petitioner, v. DEPARTMENT OF HEALTH, DIVISION OF WOMEN, INFANTS & CHILDREN (WIC), Respondent.

Commonwealth Court of Pennsylvania.

Decided November 16, 2000.

Attorney(s) appearing for the Case

Gerald J. McConeghy, Philadelphia, for petitioner.

Karin Simpson Gutshall, Harrisburg, for respondent.

Before COLINS, Judge, SMITH, Judge and MIRARCHI, Senior Judge.

COLINS, Judge.

B.B. Kim's Market, Inc. (Market) petitions this Court for review of a February 23, 2000 order of a Hearing Examiner for the Department of Health ("Examiner") which affirmed the Department of Health's (Department) denial of the Market's application for recertification of the Market's participation in the Supplemental Food Program for Women, Infants, and Children (WIC).1

The Market is a store located at 2952 North...

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