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HY-VEE FOOD STORES v. MN DEPT. OF HEALTH

No. A04-548.

705 N.W.2d 181 (2005)

HY-VEE FOOD STORES, INC., Appellant, v. MINNESOTA DEPARTMENT OF HEALTH, Respondent.

Supreme Court of Minnesota.

October 27, 2005.

Attorney(s) appearing for the Case

Michael R. Drysdale, Dorsey & Whitney, L.L.P., Minneapolis, for appellant.

Michael A. Hatch, MN Atty. Gen., Kristen M. Olsen, Audrey Kaiser Manka, Asst. Attys. Gen., St. Paul, for respondent.

George Green, Vice President, Gen. Counsel, Food Marketing Institute, Washington, DC, John P. Borger, Faegre & Benson., L.L.P., Minneapolis, for amici curiae.

Heard, considered, and decided by the court en banc.

OPINION

BLATZ, Chief Justice.

Respondent Minnesota Department of Health (MDH) administers the federally funded Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). MDH disqualified appellant Hy-Vee Food Stores, Inc. as a WIC vendor for three years for violating a rule that prohibits selling tobacco products in exchange for WIC vouchers. Hy-Vee appealed, arguing that the inadvertent acceptance of a WIC voucher in payment for groceries...

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