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HOUGHTON v. DEPARTMENT OF HEALTH

No. 20070197.

206 P.3d 287 (2009)

2008 UT 86

Paul HOUGHTON and Billie Henderson, individually and each as representative of a class; and Damian Henderson, Wayne Rubens, Ron Roes, and Susan Roes, who are other members of these classes, similarly situated, Plaintiffs and Appellants, v. DEPARTMENT OF HEALTH; The Office of Recovery Services; The Department of Human Services; The State of Utah; Rod L. Betit, Director of the Department of Health and Director of Department of Human Services; Emma Chacone, Executive Director of the Office of Recovery Services; and John Does 1-50 and Jane Does 1-50, Defendants and Appellees.

Supreme Court of Utah.

Rehearing Denied April 23, 2009.

Attorney(s) appearing for the Case

Robert B. Sykes, Alyson E. Carter, Salt Lake City, for appellants.

Mark L. Shurtleff, Att'y Gen., Philip S. Lott, Peggy E. Stone, Debra J. Moore, Asst. Att'ys Gen., Salt Lake City, for appellees.

PARRISH, Justice:

INTRODUCTION

¶ 1 This interlocutory appeal presents two issues. The first concerns the timeliness of the petition for interlocutory review. We hold that the petition was timely. The second concerns the district court's decertification of a class of plaintiffs suing the State to recover attorney fees pursuant to State v. McCoy.1 We hold that the district court erroneously interpreted the law when...

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