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STERN v. DHFS

No. 96-2381.

212 Wis.2d 393 (1997)

569 N.W.2d 79

Eugene STERN, by June Mohr, Guardian, Petitioner-Appellant, v. WISCONSIN DEPARTMENT OF HEALTH AND FAMILY SERVICES, Respondent-Respondent.

Court of Appeals of Wisconsin.

Decided July 16, 1997.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of Karyn L. Rotker and Jeffery R. Myer of Legal Action of Wisconsin.

On behalf of the respondent-respondent, the cause was submitted on the brief of James E. Doyle, Attorney General, and Kathleen M. Falk, Assistant Attorney General.

Before Brown, Nettesheim and Anderson, JJ.

ANDERSON, J.

Eugene Stern, by his guardian, June Mohr, appeals the trial court's denial of his request for reasonable attorney's fees under the Wisconsin Equal Access to Justice Act, § 814.245, STATS. We conclude that both the prelitigation and litigation position of the Department of Health and Family Services1 (DHFS) in its attempt to terminate Stern's medical assistance benefits (MA) was not substantially justified and was...

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