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STATE, DEPT. OF HUMAN SERVICES v. MOHS

No. C7-92-1555.

496 N.W.2d 817 (1993)

STATE OF MINNESOTA, DEPARTMENT OF HUMAN SERVICES, Respondent, v. David Ervin MOHS, d/b/a Dave's Floor Sanding, Appellant, and Carol Jepson, Defendant.

Court of Appeals of Minnesota.

Review Denied April 29, 1993.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., LauraSue Schlatter, Sp. Asst. Atty. Gen., Saint Paul, for respondent.

Eric J. Magnuson, John M. Bjorkman, Rider, Bennett, Egan & Arundel, Minneapolis, for appellant.

Carol Jepson, pro se.

Considered and decided by AMUNDSON, P.J., and HUSPENI and SCHUMACHER, JJ.

OPINION

AMUNDSON, Judge.

David Mohs appeals from a summary judgment for the Department of Human Services. Mohs argues the district court erred by concluding the Department's medical assistance lien is enforceable against him, and that the Department should be awarded costs, including attorney fees. We agree and reverse.

FACTS

On October 4, 1984, appellant David Mohs and defendant Carol Jepson...

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