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STATE EX REL. MOUG v. N.D. AUTO., ETC.

Civ. No. 10165.

322 N.W.2d 245 (1982)

STATE of North Dakota, ex rel. Dale MOUG, Executive Director, Department of Human Services, Plaintiff and Appellant, v. NORTH DAKOTA AUTOMOBILE ASSIGNED CLAIMS PLAN, NoDak Mutual Insurance Company, and State Farm Mutual Auto Insurance Company, Defendants and Appellees.

Supreme Court of North Dakota.

July 15, 1982.

Attorney(s) appearing for the Case

Blaine L. Nordwall, Asst. Atty. Gen., Dept. of Human Services, Bismarck, for plaintiff and appellant.

Zuger & Bucklin, Bismarck, for defendants and appellees; argued by Thomas O. Smith, Bismarck.

PEDERSON, Justice.

The principal issue presented on this appeal is: Does § 50-24.1-08, NDCC, stop the running of the statute of limitations as to claims for personal injury when the State has paid those same claims under the program of medical assistance for needy persons pursuant to the provisions of Chapter 50-24.1, NDCC? The trial court held that § 50-24.1-08 "is a recoupment statute ... to recover payments made to a claimant or his estate" and, accordingly...

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