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STATE, DEPT. OF PUBLIC WELFARE v. THIBERT

No. 48278.

279 N.W.2d 53 (1979)

STATE of Minnesota, DEPARTMENT OF PUBLIC WELFARE, Appellant, v. JoAnn THIBERT, Individually and as trustee of the Robert E. Hance Trust and as Representative of the Estate of Irene J. Hance, the Robert E. Hance Trust, and the Estate of Irene J. Hance, Respondents.

Supreme Court of Minnesota.

Rehearing Denied June 18, 1979.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Paul G. Zerby, Asst. Atty. Gen., Tibor M. Gallo, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Dickel, Johannson, Wall & Taylor and Kenneth F. Johannson, Crookston, for respondents.

Heard before PETERSON, YETKA, and STONE, JJ., and considered and decided by the court en banc.

BRUCE C. STONE, Justice.*

This appeal by plaintiff, State of Minnesota, Department of Public Welfare (state), is from the judgment of the district court that the assets and property held in the Robert E. Hance Trust are not subject to plaintiff's claim for hospital charges allowed against the Irene J. Hance Estate. We affirm.

The essential facts giving rise to the controversy are chronologically...

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