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JOHNSON v. VIEWCREST NURSING HOME

No. C2-87-590.

410 N.W.2d 897 (1987)

Robert Alworth JOHNSON, Executor of the Estate of Nell Gay Johnson, Appellant, v. VIEWCREST NURSING HOME, et al., Respondents.

Court of Appeals of Minnesota.

August 25, 1987.

Attorney(s) appearing for the Case

Newton S. Friedman, Duluth, for appellant.

Frederick A. Dudderar, Jr., David Ludwigson, Hanft, Fride, O'Brien, Harries, Swelbar & Burns, Duluth, for respondents.

Considered and decided by PARKER, P.J., and WOZNIAK and NIERENGARTEN, JJ., with oral argument waived.

OPINION

WOZNIAK, Judge.

This action, begun pursuant to Minn. Stat. § 256B.48, subd. 1 (1986), seeks treble damages, attorney fees and costs for delayed refunding of overpayments for nursing home care paid by Nell Gay Johnson, deceased, to the Viewcrest Nursing Home. Both parties moved for summary judgment. The trial court granted summary judgment for the nursing home and Johnson appeals. We affirm.

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