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GIANT FOOD STORES v. DEPARTMENT OF HEALTH

808 A.2d 299 (2002)

GIANT FOOD STORES, LLC, Petitioner, v. DEPARTMENT OF HEALTH, Respondent.

Commonwealth Court of Pennsylvania.

Decided October 3, 2002.

Attorney(s) appearing for the Case

Jeffrey F. Champagne, Harrisburg, for petitioner.

Karin Simpson Gutshall, Harrisburg, for respondent.

BEFORE: PELLEGRINI, J., COHN, J., and JIULIANTE, Senior Judge.

OPINION BY Senior Judge JIULIANTE.

Giant Food Stores, LLC, (Giant) petitions for review from the April 3, 2001 order of a Hearing Examiner for the Department of Health (Department) that affirmed the March 16, 2000 decision of the Department's Division of Special Food Programs to deny its application to participate in the Special Supplemental Nutrition Program for Women, Infants and Children (WIC). Giant raises two issues: whether the Department's decision is unsupported...

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