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MARTINEZ v. COLORADO DEPT. OF HUMAN SERVS.

No. 02CA1880.

97 P.3d 152 (2003)

Chad MARTINEZ, Plaintiff-Appellant, v. COLORADO DEPARTMENT OF HUMAN SERVICES and Otero County Department of Social Services, Defendants-Appellees.

Colorado Court of Appeals, Div. V.

Rehearing Denied December 18, 2003.

Certiorari Denied September 13, 2004.

Attorney(s) appearing for the Case

The Carey Law Firm, L. Dan Rector, Leif Garrison, Robert B. Carey, Colorado Springs, Colorado, for Plaintiff-Appellant.

Ken Salazar, Attorney General, Laurie A. Schoder, Assistant Attorney General, Denver, Colorado, for Defendants-Appellees.

Opinion by Judge VOGT.

The issue in this case is whether Colorado may require indigent disabled persons who receive state interim assistance benefits to reimburse the state out of their federal assistance benefits without paying a share of the legal fees incurred by the disabled persons in obtaining those federal benefits. Contending that it may not, plaintiff, Chad Martinez, filed this proposed class action against defendants...

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