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HOUGHTON v. DEPARTMENT OF HEALTH

No. 20001103.

57 P.3d 1067 (2002)

2002 UT 101

Paul HOUGHTON, Billie Henderson, individually and each as representative of a class, Damian Henderson, Wayne Rubens, Ron Roes and Susan Roes, who are other 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"), et al., Defendants and Appellees.

Supreme Court of Utah.

October 18, 2002.

Attorney(s) appearing for the Case

Robert B. Sykes, Salt Lake City, for plaintiff.

Mark L. Shurtleff, Att'y Gen., Reed M. Stringham III, Steve A. Combe, Brent A. Burnett, Asst. Att'ys Gen., Salt Lake City, for defendants.

DURRANT, Associate Chief Justice.

¶ 1 This appeal concerns priority liens and attorney fees related to Medicaid recipients' settlements with third parties. In this class action lawsuit, the district court certified two classes of plaintiffs, both of which contend on appeal that the State's priority lien on plaintiffs' settlement proceeds violates federal law and that the district court erred in granting the State's motion...

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