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C & C CONSTRUCTION v. SENIOR SERVICES DIV.

A36658.

728 P.2d 962 (1986)

82 Or.App. 682

In the matter of the Settlement Rates of C & C CONSTRUCTION, Dba Life Care Center of Eugene. C & C Construction, Petitioner, v. SENIOR SERVICES DIVISION, Department of Human Resources, State of Oregon, Respondent.

Court of Appeals of Oregon.

Decided December 4, 1986.

Attorney(s) appearing for the Case

Eric A. Lindenauer, Portland, argued the cause for petitioner. With him on the briefs was Garvey, Schubert, Adams & Barer, Portland.

David Schuman, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen. and James E. Mountain, Jr., Sol. Gen., Salem.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

NEWMAN, Judge.

Petitioner seeks review of an order of the Department of Human Resources, Senior Services Division, following a reconsideration hearing, that denied Medicaid reimbursement to petitioner for certain costs. We reverse and remand.

Petitioner owned real property and improvements used for a nursing facility. In 1965, it leased them to Alfred and Mary Paulson, who operated the nursing facility and participated in the Medicaid program that the Division...

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