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MERKER v. DIV. OF MEDICAL ASSISTANCE

98 N.J. 62 (1984)

484 A.2d 322

LESLIE W. MERKER, JR., EXECUTOR OF THE ESTATE OF OLIVE A. MERKER, DECEASED, PLAINTIFF-RESPONDENT, v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, DEPARTMENT OF HUMAN SERVICES, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided December 7, 1984.

Attorney(s) appearing for the Case

Karen L. Suter, Deputy Attorney General, argued the cause for appellant (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel).

Helen B. Ver Strate argued the cause for respondent (Deakin & Ver Strate, attorneys).

PER CURIAM.

The members of the Court being equally divided, it is ordered that the judgment of the Appellate Division is affirmed.

For affirmance — Chief Justice WILENTZ, and Justices POLLOCK and GARIBALDI — 3.

For reversal — Justices CLIFFORD, SCHREIBER and HANDLER...

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