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BURKE v. STATE EX REL. DEPT. OF HEALTH

No. S-09-0022.

219 P.3d 122 (2009)

2009 WY 138

David M. BURKE, d/b/a Dave's Drug, Appellant (Defendant), v. STATE of Wyoming, ex rel., DEPARTMENT OF HEALTH, Office of Health Care Financing, Equality Care, Appellee (Plaintiff).

Supreme Court of Wyoming.

November 10, 2009.

Attorney(s) appearing for the Case

Representing Appellant: Frank J. Jones, Wheatland, Wyoming.

Representing Appellee: Bruce A. Salzburg, Wyoming Attorney General; Robin Sessions Cooley, Deputy Attorney General; Douglas J. Moench, Senior Assistant Attorney General; Michael T. Kahler, Assistant Attorney General; Shaun Wilkerson, Assistant Attorney General. Argument by Mr. Kahler.

Before VOIGT, C.J., and GOLDEN, HILL, KITE, and BURKE, JJ.

KITE, Justice.

[¶ 1] After a Wyoming Department of Health (Department) audit showed that David M. Burke, d/b/a Dave's Drug, (Mr. Burke) had been reimbursed for services provided to Medicaid recipients in excess of the amount to which he was entitled, the Department sought reimbursement from him. Mr. Burke filed a request for an administrative hearing, but later withdrew the request, and the Department dismissed the administrative action.

[¶ 2] The...

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