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NORTHWEST HEALTH CARE v. IDAHO DEPT. OF H. & WEL.

No. 12762.

590 P.2d 99 (1979)

99 Idaho 843

NORTHWEST HEALTH CARE, INC., an Idaho Corporation, Caldwell Convalescent Home, Cascade Convalescent Home, Emmett Convalescent Home, Lewiston Convalescent Home, Nampa Convalescent Home, Weiser Convalescent Home, Plaintiffs-Appellants, v. IDAHO DEPARTMENT OF HEALTH AND WELFARE, Defendant-Respondent.

Supreme Court of Idaho.

January 31, 1979.

Attorney(s) appearing for the Case

Donald W. Lojek, of Martin, Chapman, Martin & Hyde, Boise, for plaintiffs-appellants.

David H. Leroy, Atty. Gen., James F. Wickham, Asst. Atty. Gen., Boise, for defendant-respondent.

DONALDSON, Justice.

Appellants, Northwest Health Care, Inc., et al., appeal from the decision and order of the district court granting the respondent's, Idaho Department of Health and Welfare, motion to dismiss for failure to file a cost bond pursuant to Rule 83(h), Idaho Rules of Civil Procedure. On January 17, 1977, Northwest Health Care brought a petition for judicial review and appeal in district court challenging an administrative decision of the department....

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