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ESTATE OF BURNS

Nos. 63616-8, 63713-0.

928 P.2d 1094 (1996)

131 Wash.2d 104

In the Matter of the ESTATE OF Margaret O. BURNS, Deceased, DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Respondent, v. Michael L. OLVER, personal representative, Petitioner. In the Matter of the ESTATE OF Doris R. WHEELER, Deceased, DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Respondent, v. Richard T. WHEELER and James A. Wheeler, Jr., personal representatives, Petitioners.

Supreme Court of Washington, En Banc.

January 9, 1997.

Attorney(s) appearing for the Case

Helsell and Fetterman, L.L.P., Jonathan P. Meier, Seattle, amicus curiae on behalf of National Academy of Elder Law Attorneys.

Karr, Tuttle and Campbell, Joseph D. Holmes, Jr., Merrick and Olver, Michael L, Olver, Seattle, for Petitioners.

Dana M. Reid, Medina, for Respondent.

MADSEN, Justice.

The personal representative of decedent Margaret 0. Burns and the co-personal representatives of decedent Doris R. Wheeler dispute the State's recovery, under former RCW 43.20B.140, for preenactment or reamendment medical care benefits provided to the decedents during their lifetimes. The trial courts in both cases issued summary judgment in favor of the Estates. The Court of Appeals reversed. We find that...

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