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DALE BY AND THROUGH DALE v. GUBIN

No. 19051.

879 S.W.2d 699 (1994)

Jessica R. DALE, a minor, By and Through her next friend, Robert DALE, and Robert Dale and Roberta Dale, his wife, Plaintiffs-Respondents, v. Alan S. GUBIN, M.D., Charles W. Craft, M.D., and J.W. Bernard, M.D., Defendants, and Missouri Department of Social Services, Division of Medical Services, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied June 20, 1994.

Application to Transfer Denied August 15, 1994.

Attorney(s) appearing for the Case

Melanie G. Wilmes, Mo. Dept. of Social Services, Jefferson City, for defendant-appellant.

W.H. Winchester, III, Stephanie M. Gleason, Drumm, Winchester & Gleason, Sikeston, for plaintiffs-respondents.

Motion for Rehearing or Transfer to Supreme Court Denied June 20, 1994.

GARRISON, Judge.

This appeal is from a judgment in an interpleader action involving reimbursement of Medicaid payments made by the Missouri Department of Social Services (Appellant) for the benefit of Jessica R. Dale (the Recipient). The issue is whether Appellant's reimbursement from the proceeds of a recovery against third parties must be reduced by a proportionate share of the attorneys...

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