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POST v. CASS COUNTY SOCIAL SERVICES

Civil No. 960164.

556 N.W.2d 661 (1996)

Lois POST, Applicant and Appellee, v. CASS COUNTY SOCIAL SERVICES, Cass County Social Service Board, and North Dakota Department of Human Services, Respondents and Appellants.

Supreme Court of North Dakota.

December 4, 1996.

Attorney(s) appearing for the Case

Duane Houdek (argued), Legal Assistance of North Dakota, Bismarck, for applicant and appellee.

Jean R. Mullen (argued), Assistant Attorney General, Attorney General's Office, Bismarck, for respondents and appellants.

MESCHKE, Justice.

Cass County Social Services, Cass County Social Service Board, and the Department of Human Services (collectively "Department") appeal from a judgment reversing an order denying medical assistance benefits to Lois Post. Because a preponderance of the evidence supports the Department's finding that Lois had "actually available" assets in excess of a $3,000 asset limitation, we reverse the judgment and reinstate the Department's order.

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