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LINSER v. OFFICE OF ATTORNEY GENERAL

No. 20030184.

672 N.W.2d 643 (2003)

2003 ND 195

Jay LINSER, Appellee, v. OFFICE OF ATTORNEY GENERAL, Department of Human Services, and Stutsman County Social Services, Appellants.

Supreme Court of North Dakota.

December 19, 2003.

Attorney(s) appearing for the Case

Steven E. McCullough, Ohnstad Twichell, P.C., West Fargo, for appellee.

Jean R. Mullen, Assistant Attorney General, Bismarck, for appellants.

MARING, Justice.

[¶ 1] The Department of Human Services ("Department") appealed from a district court judgment reversing a Department order terminating Medicaid benefits to Jay Linser because his available assets exceed the maximum allowed. We conclude a preponderance of the evidence supports the Department's finding that Linser failed to establish the assets in the Jay Linser Special Needs Trust are not "actually...

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