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DEPARTMENT OF SOCIAL SERVICES v. ROMERO

No. 16551.

609 P.2d 1323 (1980)

DEPARTMENT OF SOCIAL SERVICES, Plaintiff and Respondent, v. Lester ROMERO aka Ralph G. Romero, Defendant and Appellant.

Supreme Court of Utah.

March 20, 1980.

Attorney(s) appearing for the Case

John Walsh, Salt Lake City, for defendant and appellant.

Robert B. Hansen, Atty. Gen., Stephen G. Schwendiman, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.

CROCKETT, Chief Justice:

Defendant Lester Romero appeals from a judgment of the district court that he pay back $11,981.21 in welfare payments which the court found he had obtained from the Department of Social Services by false and fraudulent misrepresentations.

In attacking the judgment, the defendant contends that the trial court erred in not dismissing the complaint on the following grounds:

(1) Failure of the plaintiff to timely answer defendant...

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