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TRUJILLO v. HEALTH & SOCIAL SERVICES DEPT.

No. 877.

499 P.2d 376 (1972)

84 N.M. 58

Elfego TRUJILLO, Appellant, v. HEALTH & SOCIAL SERVICES DEPARTMENT of the State of New Mexico, Appellee.

Court of Appeals of New Mexico.

June 30, 1972.

Attorney(s) appearing for the Case

Gary J. Martone, Albuquerque, for appellant.

David L. Norvell, Atty. Gen., James G. Huber, Robert J. Laughlin, Agency Asst. Attys. Gen., Santa Fe, for appellee.

OPINION

WOOD, Chief Judge.

Trujillo began having "seizures" on a regular basis and became unable to work because of this illness. His application for welfare assistance was denied because his car was valued at $1050.00 The regulation applied in denying assistance provides that the value of motor vehicles used for transportation "may not exceed $750.00." HSS Regulation 231.832(B) (2). This literal application of the regulation was erroneous under the undisputed...

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