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GROSS v. ND DEPT. OF HUMAN SERVICES

No. 20020086.

652 N.W.2d 354 (2002)

2002 ND 161

David GROSS, Appellant v. NORTH DAKOTA DEPARTMENT OF HUMAN SERVICES, Appellee.

Supreme Court of North Dakota.

October 15, 2002.

Attorney(s) appearing for the Case

Andrea H. Smith, Minot, ND, for appellant.

Jean R. Mullen, Bismarck, ND, for appellee.

SANDSTROM, Justice.

[¶ 1] David Gross, a medicaid recipient, appealed from a district court judgment dismissing his appeal from a decision by the North Dakota Department of Human Services to place him in the lock-in program under N.D. Admin. Code § 75-02-02-11. We conclude the Department's decision is an appealable order under N.D.C.C. §§ 28-32-42 and 28-32-01(7). We reverse and remand to the district court for a decision on the merits of the appeal...

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