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  5. 466 S.E.2d 717 (1996)
 

N.C. DEPT. OF HUMAN RESOURCES v. WEAVER

No. COA94-1426.

466 S.E.2d 717 (1996)

The NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES, DIVISION OF MEDICAL ASSISTANCE, Plaintiff, v. Areanda WEAVER, Thad A. Throneburg, and Caudle & Spears, P.A., a North Carolina Corporation, Defendants.

Court of Appeals of North Carolina.

February 6, 1996.

Attorney(s) appearing for the Case

Attorney General Michael F. Easley by Associate Attorney General Elizabeth L. Oxley, for plaintiff-appellant.

Wyrick, Robbins, Yates & Ponton by Lee M. Whitman, Raleigh, for defendant-appellees.

EAGLES, Judge.

Plaintiff argues that the trial court erred by denying plaintiff's motions regarding the interpretation of G.S. 108A-57 because plaintiff contends that G.S. 108A-57 limits attorney's fees for private attorneys recovering from a third party on behalf of a medicaid beneficiary to one-third of the gross recovery. We disagree with plaintiff's construction of the statute and affirm.

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