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SARGEANT v. COMMISSIONER OF PUBLIC WELFARE

383 Mass. 808 (1981)

423 N.E.2d 755

RUTH SARGEANT & another vs. COMMISSIONER OF PUBLIC WELFARE.

Supreme Judicial Court of Massachusetts, Suffolk.

June 30, 1981.

Attorney(s) appearing for the Case

Paul W. Johnson, Assistant Attorney General, for the defendant.

Ellice Fatoullah of New York (James A. Frieden with her) for the plaintiffs.

Present: HENNESSEY, C.J., BRAUCHER, WILKINS, LIACOS, & ABRAMS, JJ.

LIACOS, J.

The defendant Commissioner of Public Welfare (commissioner) appeals from a judgment of the Superior Court. The commissioner alleges error in the award to the plaintiffs Ruth Sargeant (plaintiff) and Dolores Mixter (intervener) of interest on overdue medical assistance benefits. The plaintiffs cross appeal from so much of the judgment as fails to award interest on payments for services provided prior to August 3, 1970, the date the plaintiff filed a written...

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