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SCHAEFER v. WEBER

No. C8-96-18.

567 N.W.2d 29 (1997)

Cynthia Mary SCHAEFER, Plaintiff, County of Stearns, petitioner, Appellant, v. Paul Jerome WEBER, Respondent.

Supreme Court of Minnesota.

July 24, 1997.

Attorney(s) appearing for the Case

Roger S. Van Heel, Stearns County Atty., Richard J. May, St. Cloud, for Appellant.

Stephen P. Larson, St. Cloud, for Respondent.

Amicus curiae Minnesota County Attorneys Ass'n., Janice M. Allen, Anoka.

Amicus curiae Minnesota Dept. of Human Services, Hubert H. Humphrey, III, Attorney General, Peter B. Hofrenning, St. Paul.

Heard, considered and decided by the court en banc.

OPINION

GARDEBRING, Justice.

In this case we determine the proper statutory vehicle for a county claim against a parent for past public assistance benefits paid out for benefit of a child. The question before us is this: must a county bring a separate action for recoupment of past public assistance benefits under Minn.Stat. ch. 256, which governs the provision of human services including the Aid to Families with Dependent Children program, or may the county...

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