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INDIANA DEPARTMENT OF PUBLIC WELFARE v. DeVOUX

No. 2-573A123.

314 N.E.2d 79 (1974)

INDIANA DEPARTMENT OF PUBLIC WELFARE and William R. Sterrett, Director of the Indiana Department of Public Welfare, Defendants-Appellants, v. Kermit Vann DeVoux, Plaintiff-Appellee.

Court of Appeals of Indiana, Second District.

Rehearing Denied September 6, 1974.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen. of Indiana, A. Frank Gleaves, III, Deputy Atty. Gen., Indianapolis, for defendants-appellants.

John T. Manning, Manning & Reuben, Indianapolis, David S. Walker, Legal Services Organization of Indianapolis, Inc., Indianapolis, for plaintiff-appellee.

SULLIVAN, Presiding Judge.

This appeal is from a judgment of Marion County Superior Court, Room 6, reversing appellant's (State Department) decision which denied disability benefits to appellee (DeVoux).2

Accepting the factual background most favorable to appellee, we note that DeVoux, age twenty-five, suffers from paralytic poliomyelitis which struck him at age two. DeVoux, for the most part, is confined to a wheelchair during...

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