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STANTON-NEGLEY DRUG CO. v. DPW

926 A.2d 554 (2007)

STANTON-NEGLEY DRUG COMPANY, t/d/b/a Stanton-Negley Legend Drug, Petitioner v. DEPARTMENT OF PUBLIC WELFARE, Respondent.

Commonwealth Court of Pennsylvania.

Decided June 5, 2007.

Attorney(s) appearing for the Case

Monte J. Rabner, Pittsburgh, for petitioner.

Sallie A. Rodgers, Sr. Asst. Counsel and Allen C. Warshaw, Chief Counsel, Harrisburg, for respondent.

BEFORE: McGINLEY, Judge, and SIMPSON, Judge, and KELLEY, Senior Judge.

OPINION BY Senior Judge KELLEY.

Stanton-Negley Drug Company, t/d/b/a Stanton-Negley Legend Drug (Stanton) petitions for review of a decision of the Department of Public Welfare (DPW) which determined that Stanton failed to file a timely protest in connection with the solicitation of a contract. We reinstate Stanton's protest and remand.

On October 5, 2006, DPW invited prospective offerors to submit a proposal for RFP No. 31-06, Specialty Drug Program, in accordance...

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