N.H. DIVISION OF HUMAN SERVICES v. ALLARD

No. 95-664.

141 N.H. 672 (1997)

NEW HAMPSHIRE DIVISION OF HUMAN SERVICES v. RALPH R. ALLARD & a.

Supreme Court of New Hampshire.

March 17, 1997.


Attorney(s) appearing for the Case

Jeffrey R. Howard, attorney general (Suzan M. Lehmann, assistant attorney general, on the brief and orally), for the plaintiff.

Sakellarios & Associates, of Manchester (Jean-Claude Sakellarios on the brief and orally), for defendant Ralph R. Allard.

Mammoth Nursing Home, Inc. filed no brief.


BRODERICK, J.

Defendant Ralph R. Allard appeals the Superior Court's (McGuire, J.) ruling which granted summary judgment to the plaintiff, the New Hampshire Division of Human Services, while denying Allard's cross-motion for summary judgment. The trial court ruled that the plaintiff was entitled to recapture Medicaid depreciation payments made to defendant Mammoth Nursing Home, Inc. (Mammoth) between 1976 and 1985. We affirm.

From 1971 to 1985, Allard...

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