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IN RE GUARDIANSHIP OF SMITH

No. 81-678.

109 Ill. App.3d 786 (1982)

441 N.E.2d 92

In re GUARDIANSHIP OF NICHOLAS R. SMITH. — (The Department of Mental Health and Developmental Disabilities, Claimant-Appellant, v. Estate of Nicholas R. Smith, Respondent-Appellee.)

Appellate Court of Illinois — Fifth District.

Opinion filed September 20, 1982.

Attorney(s) appearing for the Case

Tyrone C. Fahner, Attorney General, of Springfield (Rosalyn B. Kaplan, Assistant Attorney General, of counsel), for appellant.

Richard E. White, Chartered, of Murphysboro, for appellee.

Reversed and remanded.

JUSTICE KASSERMAN delivered the opinion of the court:

The State of Illinois, Department of Mental Health and Developmental Disabilities (the Department) appeals from the dismissal of its action against the estate of Nicholas R. Smith (Nicholas) in the circuit court of Saline County. The Department's petition sought recovery of $35,328.80 from the estate for the period from October 5,...

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