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DEPARTMENT OF HEALTH, ETC. v. DAVIS

No. 78-3652.

616 F.2d 828 (1980)

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, STATE OF FLORIDA, Plaintiff-Appellant, v. Rachel G. DAVIS, as Guardian of the Estate of Arthur Grady Glasscock, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 8, 1980.

Attorney(s) appearing for the Case

Donna H. Stinson, Tallahassee, Fla., for plaintiff-appellant.

Azar, Campbell & Azar, W. Clark Campbell, Jr., Montgomery, Ala., for defendant-appellee.

Before GODBOLD, RONEY and FRANK M. JOHNSON, Jr., Circuit Judges.

RONEY, Circuit Judge:

Since 1976 the State of Florida has been taking care of Arthur Grady Glasscock, an adjudicated incompetent, in the Florida State Hospital. Over the years Glasscock's guardian in Alabama has accumulated over $40,000 in social security and veterans' benefits. From these accumulated funds, Florida sought reimbursement of approximately $12,000 for Glasscock's past care and maintenance. The district court, denying relief, held the funds were exempt...

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