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DEPT. OF HUMAN SERVICES v. BROOKS

No. 86-959.

412 N.W.2d 613 (1987)

STATE of Iowa ex rel., DEPARTMENT OF HUMAN SERVICES, Appellant, v. Patrick W. BROOKS, Fiduciary of the Conservatorship of Sally Ann Bolle, Appellee. Sally Ann BOLLE, Conservatorship by Patrick W. Brooks, Individually, Appellees, v. STATE of Iowa ex rel., DEPARTMENT OF HUMAN SERVICES, Appellant.

Supreme Court of Iowa.

September 23, 1987.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Gordon E. Allen, Sp. Asst. Atty. Gen., and Stephen C. Robinson, Asst. Atty. Gen., for appellant.

Patrick W. Brooks of Brooks, Ward & Trout, Marshalltown, for appellees.

Considered by REYNOLDSON, C.J., and McGIVERIN, LARSON, SCHULTZ and LAVORATO, JJ.

McGIVERIN, Justice.

This appeal concerns the denial of a claim in probate brought by the Department of Human Services (DHS) of the State of Iowa against the fiduciary of the conservatorship of Sally Ann Bolle and a declaratory ruling in an action brought by the conservatorship against DHS. The issue presented is whether DHS is subrogated to the proceeds of the personal injury judgment obtained against a Florida tortfeasor...

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