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MONTANO v. HEALTH AND SOCIAL SERVICES DEPARTMENT

No. 2214.

547 P.2d 1145 (1976)

89 N.M. 103

Felipita MONTANO, Gregorio Montano, Herinia Jacquez, Oral Felkner, Bill Barton, Harry Romine, Gladys Romine, Appellants, v. HEALTH AND SOCIAL SERVICES DEPARTMENT of the State of New Mexico, Appellee.

Court of Appeals of New Mexico.

March 9, 1976.

Attorney(s) appearing for the Case

Timothy Meehan, Farmington, for appellants.

Toney Anaya, Atty. Gen., Santa Fe, Richard A. Griscom, David S. Cohen, Sp. Asst. Atty. Gen., for appellee.

OPINION

HENDLEY, Judge.

Appellants appeal a decision terminating their benefits of homemaker services by the Health and Social Service Department because their income was in excess of the department's income eligibility requirements H.S.S.D. Reg. 130.223 (Revised March 1, 1974). Appellants' points for reversal are that: (1) the decision is not in accordance with law; (2) the decision conflicts with prior decisions of this court; and (3) the decision is arbitrary...

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