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STATE v. DEPT. OF SOCIAL & REHAB. SERV.

No. 95-184.

906 P.2d 204 (1995)

STATE of Montana, ex rel. Celia COBBS, Relator and Appellant, v. MONTANA DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, Respondent and Respondent.

Supreme Court of Montana.

Decided November 21, 1995.

Attorney(s) appearing for the Case

Allan M. McGarvey, McGarvey, Heberling, Sullivan & McGarvey, Kalispell, for Appellant.

Cary B. Lund, Legal Counsel, Department of Public Health and Human Services, Helena, for Respondent.

TRIEWEILER, Justice.

The appellant, Celia Cobbs, filed an application in the District Court for the Nineteenth Judicial District in Lincoln County for a Writ of Mandate that would have directed the Department of Social and Rehabilitation Services (SRS) to disburse funds from the Industrial Accident Rehabilitation (IAR) Account for her rehabilitation expenses, as authorized by the Department of Labor. The District Court concluded that SRS had no clear duty to disburse...

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