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KROGER LTD. v. CABINET FOR HEALTH SERVICES

No. 2004-CA-001965-MR.

174 S.W.3d 516 (2005)

KROGER LIMITED PARTNERSHIP I, d/b/a Kroger L-327, Appellant, v. CABINET FOR HEALTH SERVICES, COMMONWEALTH OF KENTUCKY, Appellee.

Court of Appeals of Kentucky.

September 30, 2005.

Attorney(s) appearing for the Case

Kenneth S. Handmaker, Bradley E. Cunningham, Louisville, KY, for appellant.

Michael Deep, Assistant Counsel, Office of Legal Services, Frankfort, KY, for appellee.

Before BARBER and JOHNSON, Judges; MILLER, Senior Judge.

OPINION

MILLER, Senior Judge.

Kroger Limited Partnership I, d/b/a Kroger L-327 (Kroger) appeals from an Opinion and Order of the Jefferson Circuit Court which upheld an order of the Secretary of the Cabinet for Health Services (Secretary). The Secretary's order affirmed the decision of the Administrative Law Judge (ALJ) suspending Kroger from participation in the Special Supplemental Nutrition Program for Women, Infants and Children (WIC)

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