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DAVISON v. IDAHO DEPT. OF HEALTH & WELFARE

No. 13636.

673 P.2d 384 (1983)

105 Idaho 784

Charles E. DAVISON, Plaintiff-Appellant, v. IDAHO DEPT. OF HEALTH & WELFARE, Defendant-Respondent.

Supreme Court of Idaho.

December 1, 1983.

Attorney(s) appearing for the Case

Howard A. Belodoff, Idaho Legal Aid Services, Inc., Boise, for Idaho Legal Aid Services.

Michael B. Glomb, Asst. Gen. Counsel, Legal Services Corp., Washington, D.C., for amicus curiae Legal Services Corp.

Jim Jones, Atty. Gen., Boise, James A. Raeon, Deputy Atty. Gen., Coeur d'Alene, Lynn E. Thomas, Sol. Gen., Boise, for defendant-respondent.

PER CURIAM:

On December 29, 1982, this Court issued its opinion in this matter, affirming the district court and granting costs and attorney fees on appeal to respondent. Additionally, this Court concluded "that our finding that this appeal was brought unreasonably and without foundation is the legal equivalent of and constitutes malicious abuse of the legal process as that phrase is used in 42 U.S.C. 2996e(f), and thus the award of costs and attorney fees is assessed...

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