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INDIANA DEPT. OF PUBLIC WELFARE v. CLARK

No. 1-1184A285.

478 N.E.2d 699 (1985)

INDIANA DEPARTMENT OF PUBLIC WELFARE, and Robert F. Smith, Individually and As Acting Director of the Indiana Department of Public Welfare, Appellants, v. Nannie CLARK, Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied July 10, 1985.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Gordon E. White, Deputy Atty. Gen., Indianapolis, for appellants.

Jamie L. Weinberg, Susan A. Failey, Legal Services Organization of Indiana, Inc., Bloomington, for appellee.

RATLIFF, Presiding Judge.

STATEMENT OF THE CASE

The Indiana Department of Public Welfare (Department) appeals the trial court's granting of summary judgment in favor of Nannie Clark (Clark) for the Department's unconstitutional denial of Clark's request for medicaid payments. We reverse.

FACTS

On November 19, 1980, Clark submitted a request by her dentist to the Department to obtain prior approval...

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