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HOUGHTON v. DEPARTMENT OF HEALTH

No. 960349.

962 P.2d 58 (1998)

Paul HOUGHTON, Billie Henderson individually and each as representative of a class, Damian Henderson, Wayne Rubens, Ron Roes and Susan Roes, members of these classes, similarly situated, Plaintiffs and Appellants, v. DEPARTMENT OF HEALTH, the Office of Recovery Services, the Department of Human Services and the State of Utah, (the "State defendants") and Rod L. Betit, Director of the Department of Health and Director of the Department of Human Services, Emma Chacone, Executive Director of the Office of Recovery Services, John Does 1-50, and Jane Does 1-50, Defendants and Appellees.

Supreme Court of Utah.

July 14, 1998.

Attorney(s) appearing for the Case

Jan Graham, Atty. Gen., Norman E. Plate, Asst. Atty. Gen., Salt Lake City, for defendants.

Robert B. Sykes, James D. Vilos, Salt Lake City, for Plaintiffs.

STEWART, Justice.

The plaintiffs appeal the trial court's order disqualifying their attorneys, Robert B. Sykes, James D. Vilos, and Matthew H. Raty, and the law firm of Sykes and Vilos, P.C. (hereinafter collectively referred to as "Sykes and Vilos"), on the ground that they had a conflict of interest. The complaint challenged the State's authority to impose Medicaid liens on damages for personal injuries that Medicaid recipients recovered in lawsuits they brought...

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