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APPEAL OF McKERLEY HEALTH FACILITIES

No. 98-816.

145 N.H. 164 (2000)

APPEAL OF MCKERLEY HEALTH FACILITIES & a. (New Hampshire Department of Health and Human Services)

Supreme Court of New Hampshire.

August 15, 2000.

Attorney(s) appearing for the Case

Stebbins, Bradley, Wood & Harvey, P.A., of Hanover (David Putnam on the brief) and Dinse, Knapp & McAndrew, P.C., of Burlington, Vermont (Samuel Hoar, Jr. on the brief and orally), for the petitioners.

Philip T. McLaughlin, attorney general (Suzan M. Lehmann, assistant attorney general, on the brief and orally), for the New Hampshire Department of Health and Human Services.

GROFF, J.

The petitioners, James McKerley, Forrest McKerley, Matthew McKerley, and McKerley Health Facilities, appeal a final decision of the New Hampshire Department of Health and Human Services Administrative Appeals Unit (the department). The department concluded that the New Hampshire Division of Human Services (the division) properly assessed depreciation recapture in connection with the sale of "partnership interests...

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