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JURO'S UNITED DRUG v. MONTANA DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES

No. 03-075.

90 P.3d 388 (2004)

2004 MT 117

321 Mont. 167

JURO'S UNITED DRUG, Plaintiff and Appellant, v. MONTANA DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES, Respondent and Respondent.

Supreme Court of Montana.

Decided May 4, 2004.

Attorney(s) appearing for the Case

For Appellant: Wendy Holton, Attorney at Law, Helena, Montana.

For Respondent: Barbara Hoffmann, Special Assistant Attorney General, Department of Public Health and Human Services, Helena, Montana.

Chief Justice KARLA M. GRAY delivered the Opinion of the Court.

¶ 1 Juro's United Drug (Juro's) appeals from the order on judicial review entered by the First Judicial District Court, Lewis and Clark County, upholding a final administrative decision. We affirm.

¶ 2 The restated issue on appeal is whether the District Court erred in upholding a final administrative decision which concluded that a department's interpretation of an administrative rule...

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