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MULLINS v. NORTH DAKOTA DEPT. OF HUMAN SERVICES

Civ. Nos. 890316, 890215 and 890240.

454 N.W.2d 732 (1990)

Christopher MULLINS, Appellee, v. NORTH DAKOTA DEPARTMENT OF HUMAN SERVICES, Appellant. George DOLECHEK as parent and guardian-in-fact of Terry Dolechek, a minor person, and Terry Dolechek, an individual, Appellants, v. NORTH DAKOTA DEPARTMENT OF HUMAN SERVICES, Appellee. Margo LEABO, Appellee, v. NORTH DAKOTA DEPARTMENT OF HUMAN SERVICES, Appellant.

Supreme Court of North Dakota.

April 25, 1990.

Attorney(s) appearing for the Case

Sidney J. Hertz Fiergola (argued), Asst. Atty. Gen., Bismarck, for North Dakota Dept. of Human Services.

Gerry Gunderson (argued), of Wheeler Wolf, Bismarck, for Christopher Mullins, Terry Dolechek and Margo Leabo.

ERICKSTAD, Chief Justice.

These consolidated appeals concern denials by the Department of Human Services (the Department) of applications by Christopher Mullins, Terry Dolechek and Margo Leabo for case management services by the Developmental Disabilities Division of the Department. We conclude that the denials were improperly based upon Service Chapters of the Department's Manual which have not been adopted in accordance with Ch. 28-32, N.D.C.C.

In denying...

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