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WESTERN MERCANTILE AGENCY, INC. v. FROATS

536 P.2d 549 (1975)

WESTERN MERCANTILE AGENCY, INC., Plaintiff, v. James Wesley FROATS and Viola Froats, Appellants, and Public Welfare Division, State of Oregon, Andrew F. Juras, Administrator, Respondent.

Court of Appeals of Oregon.

Decided June 16, 1975.

Attorney(s) appearing for the Case

Ira R. Zarov, Coos-Curry Counties Legal Aid, Inc., North Bend, argued the cause for appellants. On the brief were Allen G. Drescher, Coos-Curry Counties Legal Aid, Inc., North Bend, Sally Hart Wilson and Robert B. Gillan, National Senior Citizens Law Center, and Patricia A. Butler, National Health Law Program, Los Angeles, Cal.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., W. Michael Gillette, Sol. Gen., and Kathryn V. Kelty, Asst. Atty. Gen., and Counsel, Salem.

Robert B. Gillan and Sally Hart Wilson, Los Angeles, Cal., filed a brief amicus curiae on behalf of National Senior Citizens Law Center.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.

LANGTRY, Judge.

The plaintiff as assignee of McAuley Hospital brought this action against the Froats and the Public Welfare Division administrator for the reasonable value of 51 days of services rendered the Froats' minor son. The Froats were welfare recipients. They cross-claimed against the administrator for all but 21 days of the hospital services, which the Welfare Division had already paid. Their son had been severely burned, which reasonably necessitated hospitalization...

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