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LUITHLE v. BURLEIGH COUNTY SOCIAL SERV.

Civ. No. 910007.

474 N.W.2d 497 (1991)

Edwin LUITHLE, Appellee, v. BURLEIGH COUNTY SOCIAL SERVICES, Respondent, and North Dakota Department of Human Services, Appellant.

Supreme Court of North Dakota.

August 16, 1991.

Attorney(s) appearing for the Case

David Boeck (argued), Legal Assistance of North Dakota, Bismarck, for appellee.

Sidney J. Hertz Fiergola (argued), Asst. Atty. Gen., Bismarck, for appellant.

ERICKSTAD, Chief Justice.

The North Dakota Department of Human Services [the Department] appealed from a district court judgment reversing the Department's denial of medical assistance benefits to Edwin Luithle. We affirm the judgment.

On April 14, 1988, Edwin, disabled and living in a nursing home, applied for medical assistance benefits through the Burleigh County Social Service Board [the Board]. Edwin was advised that he was ineligible for benefits because...

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