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HAZEN, SMITH v. DIV. OF MED. ASSISTANCE AND HEALTH SER.

98 N.J. 82 (1984)

484 A.2d 670

ANNA C. HAZEN AND ELEANOR SMITH, CO-EXECUTRICES OF THE ESTATE OF BERTHA STEINS, PLAINTIFFS-RESPONDENTS, v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, DEPARTMENT OF HUMAN SERVICES, STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided December 7, 1984.

Attorney(s) appearing for the Case

Karen L. Suter, Deputy Attorney General, argued the cause for appellant (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel).

Philip Elberg argued the cause for respondent (Medvin & Elberg, attorneys).

PER CURIAM.

The members of the Court being equally divided, it is ordered that the judgment of the Appellate Division is affirmed.

For affirmance — Chief Justice WILENTZ and Justices POLLOCK and GARIBALDI — 3.

For reversal — Justices CLIFFORD, SCHREIBER and HANDLER...

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