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BUHS v. STATE, DEPT. OF PUBLIC WELFARE

No. 51557.

306 N.W.2d 127 (1981)

Lucille BUHS, petitioner, Respondent, v. STATE of Minnesota, DEPARTMENT OF PUBLIC WELFARE, Appellant, Benton County Welfare Agency, Respondent.

Supreme Court of Minnesota.

June 5, 1981.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., and Beverly Jones Heydinger, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Paul C. Clabo, Legal Aid Society of Minneapolis, Inc., Minneapolis, for Buhs.

Richard T. Jessen, County Atty., Foley, for Benton County Welfare Board.

Heard, considered, and decided by the court en banc.

YETKA, Justice.

The Benton County Welfare Agency refused to make Medicaid benefits available to respondent Lucille Buhs for X-rays taken by her chiropractor. Respondent appealed to the Minnesota Department of Public Welfare (DPW), and the appeals referee recommended that benefits be denied. The commissioner accepted this recommendation and respondent petitioned for review in Benton County District Court. On a motion for summary judgment, the district court reversed...

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