MALSOM v. PUBLIC WELFARE DIVISION


550 P.2d 763 (1976)

Jerome B. MALSOM, Petitioner, v. PUBLIC WELFARE DIVISION of the State of Oregon et al., Respondents.

Court of Appeals of Oregon.

Decided June 21, 1976.


Attorney(s) appearing for the Case

William E. Simons, Lane County Legal Aid Service, Inc., Eugene, filed the brief for petitioner.

Lee Johnson, Atty. Gen., W. Michael Gillette, Solicitor Gen., and Janet A. Metcalf, Asst. Atty. Gen., Salem, appeared for respondent Public Welfare Division.

No appearance for Richard Davis, Director, Department of Human Resources of the State of Oregon.

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


Submitted on Record and Appellant's Brief June 11, 1976.

PER CURIAM.

The sole issue on this appeal is whether, as petitioner contends, the entire amount of an overpayment admittedly received by him was due to administrative error, or whether, as the respondent has previously contended, the overpayment was due in part to error caused by petitioner.

The respondent now concedes that petitioner's position is correct.

Reversed and remanded for entry...

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