STATE v. STREIGHT

No. 20020572.

108 P.3d 690 (2004)

2004 UT 88

STATE of Utah, by and through the OFFICE OF RECOVERY SERVICES, Plaintiff and Appellee, v. Peggy Sue STREIGHT, by and through Orval (Bud) and Karen JENSEN, her conservators and guardian, and Robert B. Sykes & Associates, a Utah professional corporation, Defendants and Appellants.

Supreme Court of Utah.

October 29, 2004.


Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Stephanie M. Saperstein, Asst. Att'y Gen., Salt Lake City, for plaintiff.

Donald J. Winder, Robert B. Sykes, Salt Lake City, for defendants.


PARRISH, Justice:

¶ 1 On appeal is the district court's conclusion that the attorney fee provision of the Medical Benefits Recovery Act, Utah Code Ann. § 26-19-7 (1998), did not require the State to pay attorney fees in the action below. Counsel for Peggy Sue Streight obtained a recovery on her behalf for injuries she suffered when struck by an automobile. The State asserted a right to be reimbursed from that recovery...

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