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POSEY v. DEPT. OF HEALTH AND WELFARE

No. 17131.

757 P.2d 712 (1988)

114 Idaho 449

Frank POSEY, Petitioner-Appellant, v. STATE of Idaho, DEPARTMENT OF HEALTH AND WELFARE, Respondent.

Court of Appeals of Idaho.

June 29, 1988.

Attorney(s) appearing for the Case

Michael F. McCarthy of Idaho Legal Aid Services, Inc., Twin Falls, for petitioner-appellant.

Jim Jones, Atty. Gen., James Thomas Baird, Deputy Atty. Gen., Twin Falls, for respondent.

SWANSTROM, Judge.

Frank Posey and his family were the recipients of public assistance including Aid to Families with Dependent Children (AFDC), Medical Assistance, and Food Stamps. Posey, a dairyman and row crop farmer in Jerome County, first received these benefits after filing for adjustment of debts under Chapter 13 of the Bankruptcy Code, in 1983.

The benefits were terminated following a semi-annual review of Posey's eligibility status in July, 1986. During...

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