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TIMM v. DEPT. OF PUB. HEALTH AND HUMAN SER.

No. DA 06-0507.

184 P.3d 994 (2008)

2008 MT 126

343 Mont. 11

John and Linda TIMM, Petitioners and Appellants, v. MONTANA DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES, Respondent and Appellee.

Supreme Court of Montana.

Decided April 21, 2008.

Rehearing Denied May 28, 2008.

Attorney(s) appearing for the Case

For Appellant: Sol Lovas, Sol Lovas, Lawyer, P.C., Billings, Montana.

For Appellee: Francis X. Clinch, Special Assistant Attorney General, Helena, Montana.

For Amicus Curiae: Nancy P. Gibson, Attorney at Law, Missoula, Montana.

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

¶ 1 Appellants John and Linda Timm (Timms) appeal an order of the First Judicial District, Lewis and Clark County, affirming a decision of the Board of Public Assistance of the State of Montana (Board). We affirm in part, reverse in part, and remand for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 In July of 2002 appellant Linda Timm entered the Roosevelt Memorial...

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