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KIRCHNER v. STATE, DPHHS

No. 04-579.

119 P.3d 82 (2005)

2005 MT 202

Marsha KIRCHNER, Petitioner and Appellant, v. STATE of Montana, DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES, Division of Quality Assurance, Respondent and Respondent.

Supreme Court of Montana.

Decided August 16, 2005.

Attorney(s) appearing for the Case

For Appellant: Christopher Daly, Missoula, Montana.

For Respondent: Kimberly A. Kradolfer, Special Assistant Attorney General, DPHHS, Helena, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Marsha Kirchner (Kirchner) appeals the First Judicial District Court's decision upholding the Decision of the Board of Public Assistance and the Fair Hearings Decision. We affirm.

ISSUE

¶ 2 The restated issue on appeal is whether the District Court erred in upholding a final administrative decision which concluded that the Montana Department of Public Health and Human Services...

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