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McALARY v. STATE EX REL. DEP. OF HUM. SERV.

No. 106,308. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 2.

233 P.3d 399 (2009)

2010 OK CIV APP 39

Dale McALARY and Pearl McAlary, Plaintiffs/Appellees, v. STATE of OKLAHOMA ex rel. Oklahoma DEPARTMENT OF HUMAN SERVICES; Howard Hendrick, Director of Oklahoma Department of Human Services; Oklahoma Health Care Authority; Mike Fogarty, Director of Oklahoma Health Care Authority; Howard Hendrick, individually; and, Gerry Moore, individually, Defendants/Appellants.

Court of Civil Appeals of Oklahoma, Division No. 2.

Certiorari Denied March 29, 2010.

Attorney(s) appearing for the Case

Michael W. Mitchel, Katresa J. Riffel, Craig Riffel, Jessica L. Caruthers, Mitchel, Gaston, Riffel & Riffel, PLLC, Enid, Oklahoma, for Plaintiffs/Appellees.

Travis Smith, Assistant General Counsel, Department of Human Services, Oklahoma City, Oklahoma, for Defendants/Appellants Oklahoma Department of Human Services, Howard Hendrick and Gerry Moore.

Lynn Rambo-Jones, Deputy General Counsel, Oklahoma Health Care Authority, Oklahoma City, for Defendants/Appellants Oklahoma Health Care Oklahoma Authority and Mike Fogarty.

DEBORAH B. BARNES, Presiding Judge.

¶ 1 The State of Oklahoma ex rel. Oklahoma Department of Human Services (OKDHS), Howard Hendrick, Director of OKDHS, Oklahoma Health Care Authority (OHCA),1 Mike Fogarty, Director of OHCA, and Gerry Moore, individually, (collectively, the State) appeal the trial court's September 18, 2008, Order Granting Plaintiffs' Motion for Partial Summary Judgment in which the trial court found Dale McAlary...

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