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DEPARTMENT OF SOCIAL SERVICES v. SMITH

No. WD 53331.

946 S.W.2d 297 (1997)

STATE of Missouri, DEPARTMENT OF SOCIAL SERVICES, Respondent, v. David L. SMITH, Personal Representative, Estate of Dorothy Bernice Smith, Deceased, Appellant.

Missouri Court of Appeals, Western District.

June 10, 1997.

Attorney(s) appearing for the Case

John Thomas Kay, California, for Appellant.

Donald Willoh, Div. of Legal Service, Jefferson City, for Respondent.

Before ULRICH, P.J., HANNA and EDWIN H. SMITH, JJ.

ORDER

PER CURIAM.

The Missouri Department of Social Services asserted a claim against the estate of the decedent, Dorothy Bernice Smith, for the recovery of Medicaid benefits allegedly paid on the decedent's behalf pursuant to § 473.398, RSMo 1994. On the question as to whether the state presented sufficient evidence to allow recovery of the funds, we affirm....

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