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IN RE ESTATE OF BRUCE

No. WD 68051.

260 S.W.3d 398 (2008)

In re the ESTATE OF Orville BRUCE.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 1, 2008.

Application for Transfer Denied August 26, 2008.

Attorney(s) appearing for the Case

William Lee Hubbard, Kansas City, MO., for appellant.

Lawrence D. Love, Kansas City, MO., for respondent.

PAUL M. SPINDEN, Presiding Judge.

The Estate of Orville Bruce appeals the circuit court's judgment for the State in its claim against the estate for reimbursement of Medicaid payments made to Orville Bruce's deceased wife, Minnie. The State asserted a right to the reimbursement pursuant to Section 473.399, RSMo 2000. The estate responded that federal law, 42 U.S.C. Section 1396p, preempts reimbursement under Section 473...

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