NORWEST BANK NORTH DAKOTA, N.A. v. DOTH

Nos. 4-96-CV-1054, 4-96-CV-1095.

969 F.Supp. 532 (1997)

NORWEST BANK NORTH DAKOTA, N.A., as trustee of the Sonya Lotzer Trust v. David S. DOTH, in his official capacity as Commissioner of the Minnesota Department of Human Services. NORWEST BANK NORTH DAKOTA, N.A., as trustee of the Bobbi Lerud Trust v. David S. DOTH, in his official capacity as Commissioner of the Minnesota Department of Human Services

United States District Court, D. Minnesota, Fourth Division.

June 30, 1997.


Attorney(s) appearing for the Case

James E. Nicolai, McLarnan Hannaher Vaa Skatvold & McLarnan, Moorehead, MN, for Plaintiff.

Allison Marie Dibley, MN Atty. General, St. Paul, MN, for Defendant.


ORDER

ROSENBAUM, District Judge.

The background facts in these consolidated cases are complex; the question they present is simple: May a recipient of Medicaid funds avoid a statutory and contractual obligation to reimburse Medicaid by placing into trust proceeds from a personal injury action? The answer to the question is "no".

I. Background

Sonya Lotzer and Bobbi Lerud were injured in separate, unrelated automobile accidents. Ms...

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