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ALLEN v. WESSMAN

Civil No. 950174.

542 N.W.2d 748 (1996)

Gordon O. ALLEN, Petitioner and Appellee, v. Henry C. "Bud" WESSMAN, Executive Director, State of North Dakota, Department of Human Services, Stark County Social Service Board, Respondents and Appellants.

Supreme Court of North Dakota.

January 30, 1996.

Attorney(s) appearing for the Case

Gerald D. Galloway (argued), Howe, Hardy, Galloway & Maus, PC, Dickinson, for petitioner and appellee.

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

MESCHKE, Justice.

Henry C. "Bud" Wessman, Executive Director, State of North Dakota, Department of Human Services, and Stark County Social Service Board [hereinafter, collectively, the Department] appealed a district court order reversing the Department's denial of Medicaid benefits to Gordon O. Allen. We reverse and remand for entry of a judgment affirming the Department's decision because Allen's available assets in his...

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