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DEPT. OF HUMAN SERVICES v. PIERCE

No. 89-1189.

460 N.W.2d 467 (1990)

STATE of Iowa ex rel. IOWA DEPARTMENT OF HUMAN SERVICES, Appellee, v. Marlene Kay PIERCE and Timothy Craig Pierce, Appellants.

Supreme Court of Iowa.

September 19, 1990.

Attorney(s) appearing for the Case

Joe R. Sevcik of Legal Services Corp. of Iowa, Waterloo, and Martin J. Ozga of Legal Services Corp. of Iowa, Des Moines, for appellants.

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

Considered by McGIVERIN, C.J., and HARRIS, LARSON, SCHULTZ, and CARTER, JJ.

HARRIS, Justice.

Defendants had been receiving public assistance but became ineligible when one of them inherited some property. Although defendants made timely and full disclosure, the State agency, through its own error, continued to pay benefits for two months. The question is whether the agency can recover the two months' payments. The trial court held it can and we agree.

The benefits were in the form of aid...

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