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DHHS. MED. ASST. v. ARMSTRONG EX REL. GIBBS

No. COA09-639.

690 S.E.2d 293 (2010)

The STATE of North Carolina DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF MEDICAL ASSISTANCE, Plaintiff, v. Emily ARMSTRONG, By and Through her guardian ad litem, Stephanie GIBBS, Sandra Armstrong and William Armstrong, Individually, Defendants.

Court of Appeals of North Carolina.

March 16, 2010.

Attorney(s) appearing for the Case

Attorney General Roy A. Cooper, III, by Special Deputy Attorney General Belinda A. Smith, for plaintiff-appellee.

Kirby & Holt, L.L.P., by C. Mark Holt and William B. Bystrynski, Raleigh and Sigmon, Clark, Mackie, Hutton, Hanvey & Ferrell, P.A., by Jeffrey T. Mackie, Hickory, for defendant-appellants.

STROUD, Judge.

Emily, Sandra, and William Armstrong (collectively "the Armstrongs") filed a motion to abate this lawsuit filed against them by the State of North Carolina Department of Health and Human Services, Division of Medical Assistance because of a prior pending federal court case arising out of the same subject matter. The trial court denied the Armstrongs' motion, and they appealed. For the following reasons, we reverse.

I. Background

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