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ROBERTSON v. JOHNSON

No. 42990.

200 N.W.2d 316 (1972)

Maurice ROBERTSON, Respondent, Steele County Welfare Board, and State of Minnesota, Department of Public Welfare, intervening plaintiffs, Appellants, v. Cynthia JOHNSON, et al., Defendants, Robert A. Reed, et al., Defendants, Kenneth LeRold, et al., Respondents.

Supreme Court of Minnesota.

July 28, 1972.

Attorney(s) appearing for the Case

Douglas Ruth, County Atty., Owatonna, Warren Spannaus, Atty. Gen., John M. Mason, Sol. Gen., Judy L. Oakes, Tibor Gallo, Spec. Asst. Attys. Gen., St. Paul, for appellants.

Loren M. Barta, Owatonna, for Robertson.

Jardine, Logan & O'Brien, St. Paul, for LeRold, and others.

Heard before KNUTSON, C. J., and ROGOSHESKE, TODD, and GUNN, JJ.

ROGOSHESKE, Justice.

Intervening plaintiffs, Steele County Welfare Board and State Department of Public Welfare, appeal from an order of the district court surcharging a county welfare board medical assistance lien pursuant to Minn.St. 393.10, subd. 1, with a pro rata share of the attorney's fees incurred in obtaining a personal injury judgment in favor of its medical assistance recipient, Maurice Robertson, respondent herein. We agree with the district court's construction...

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