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STATE, DEPT. OF REVENUE v. FRANK

No. 86-423.

735 P.2d 290 (1987)

STATE of Montana, DEPARTMENT OF REVENUE, Plaintiff and Appellant, v. Kenneth John FRANK, Defendant and Respondent.

Supreme Court of Montana.

Decided April 2, 1987.

Attorney(s) appearing for the Case

John D. Koch, Child Enforcement Program, Great Falls, for plaintiff and appellant.

Randall O. Skorheim, Great Falls, for defendant and respondent.

SHEEHY, Justice.

In this case we uphold the determination of the District Court, Eighth Judicial District, Cascade County, that there was an accord and satisfaction of the claim of the Department of Revenue against Kenneth Frank for recoupment of monies paid by the State as Aid to Families of Dependent Children (AFDC).

We also pass upon the propriety of the procedures used by the Department in attempting recoupment where there exists a District Court order...

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