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STATE EX REL. DEPT. OF H.S. v. BROYLES

07C11713, A136521.

208 P.3d 519 (2009)

228 Or. App. 264

STATE of Oregon, acting by and through the DEPARTMENT OF HUMAN SERVICES, Plaintiff-Appellant, v. Keith L. BROYLES, in his capacity as personal representative of the Estate of Morris William Broyles, Defendant-Respondent.

Court of Appeals of Oregon.

Decided May 13, 2009.

Attorney(s) appearing for the Case

Karla H. Alderman, Assistant Attorney General, argued the cause for appellant. With her on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Philip T. Kelley, Silverton, argued the cause for respondent. With him on the brief was Kelley & Kelley.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and ORTEGA, Judge.

BREWER, C.J.

Plaintiff, the State of Oregon by and through the Department of Human Services (DHS), brought a claim against the estate of Keith Broyles pursuant to ORS 414.105(2) and ORS 411.7951 to recover $80,113.95 in medical assistance payments that it made to Broyles between 1972 and 1991. Broyles died in 1991, but probate proceedings were not initiated until June 2006, when DHS filed its claim. Defendant, the personal representative...

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