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HERRERA v. HEALTH AND SOCIAL SERVICES

No. 3329.

587 P.2d 1342 (1978)

92 N.M. 331

Roberto HERRERA, Appellant, v. HEALTH AND SOCIAL SERVICES, Department of the State of New Mexico, Appellee.

Court of Appeals of New Mexico.

Rehearing Denied November 21, 1978.

Writ of Certiorari Denied December 18, 1978.

Attorney(s) appearing for the Case

Clark De Schweinitz, Santa Fe, and Clifford M. Rees, Espanola, for appellant.

Toney Anaya, Atty. Gen., Carolyn A. Cosner, Sp. Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

LOPEZ, Judge.

Roberto Herrera, appellant, has appealed a decision of the Health and Social Services Department, appellee, denying him benefits under the New Mexico Special Medical Needs Act, § 13-15-1, et seq., N.M.S.A. 1953 (Repl. Vol. 3, pt. 1, 1976). We reverse and remand.

The primary issue on appeal is whether the decision of the appellee was arbitrary and capricious, not supported by substantial evidence, or not otherwise in accordance...

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