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GIANT F. STORES, INC. v. COM. OF PA.

Nos. 1076 C. D. 1988 and 1077 C. D. 1988.

123 Pa.Commw. 418 (1989)

554 A.2d 174

Giant Food Stores, Inc., Store No. 48, Petitioner v. Commonwealth of Pennsylvania, Department of Health, Special Supplemental Food Program for Women, Infants and Children, Respondent. Giant Food Stores, Inc., Store No. 41, Petitioner v. Commonwealth of Pennsylvania, Department of Health, Special Supplemental Food Program for Women, Infants and Children, Respondent.

Commonwealth Court of Pennsylvania.

February 13, 1989.

Attorney(s) appearing for the Case

Michael D. Reed, with him, James J. Kutz, Shearer, Mette, Evans & Woodside, for petitioner.

Kenneth E. Brody, Assistant Counsel, with him, Ruth E. Granfors, Chief Counsel, for respondent.

Argued November 3, 1988, before Judges DOYLE and SMITH, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY SENIOR JUDGE KALISH, February 13, 1989:

Giant Food Stores, Inc., stores #41 and #48, petitions for review of orders of the Pennsylvania Department of Health (Department), which removed both stores from the WIC program, a special supplemental food program for women, infants, and children. We affirm in part and reverse in part.

The WIC program is a federally funded and regulated program implemented by the Department in Pennsylvania. It is a supplemental...

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