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PETITION OF MAXI DRUG, INC.

No. 2005-473.

915 A.2d 480 (2006)

PETITION OF MAXI DRUG, INC. and another (New Hampshire Department of Health and Human Services).

Supreme Court of New Hampshire.

Opinion Issued: December 28, 2006.

Attorney(s) appearing for the Case

Cook & Molan, P.A., of Concord (Glenn R. Milner on the brief, and John S. Krupski orally), for the petitioners.

Kelly A. Ayotte, attorney general (Suzanne M. Gorman, senior assistant attorney general, on the brief and orally), for the State.

BRODERICK, C.J.

The petitioners, a group of pharmacies and a pharmacy trade association (pharmacy providers), seek a writ of certiorari. They ask us to declare unlawful a program under which the New Hampshire Department of Health and Human Services (DHHS), acting as New Hampshire's Medicaid agency (and referred to variously as "NH Medicaid" or "NH Title XIX"), underpaid pharmacy providers for medical supplies and durable...

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