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IN RE ESTATE OF FISK

No. 20090157.

788 N.W.2d 611 (2010)

2010 ND 186

In the Matter of the ESTATE OF Mary Ann FISK, Deceased. North Dakota Department of Human Services, Petitioner and Appellant v. Royce S. Fisk as Personal Representative of the Estate of Mary Ann Fisk, deceased, Respondent and Appellee.

Supreme Court of North Dakota.

September 21, 2010.

Attorney(s) appearing for the Case

Blaine L. Nordwall , Special Assistant Attorney General, Bismarck, N.D., for petitioner and appellant.

Carol K. Larson , Minot, N.D., for respondent and appellee.

On Petition for Rehearing

KAPSNER, Justice.

[¶ 1] The Department of Human Services appeals from a probate court order declaring the estate of Mary Ann Fisk insolvent and discharging the personal representative upon payment to the Department of $29,565.70 on its claim against the estate. We withdraw the opinion filed April 6, 2010, see Estate of Fisk, 2010 ND 64, 780 N.W.2d 697, and issue this opinion in its...

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