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ROBINSON v. STATE

No. 01-669.

68 P.3d 750 (2003)

2003 MT 110

Darlene M. ROBINSON, individually and as Personal Representative of the Estate of Donald C. Robinson, and on behalf of all others similarly situated, Plaintiff and Appellant, v. The STATE of Montana; Marc Racicot; Judy Martz, in here capacity as Governor of the State of Montana; Joseph Mazurek; Mike McGrath, in his capacity as Attorney General of the State of Montana; Laurie Ekanger; and Gail Gray, in her capacity as head of the State Department of Public Health and Human Services, Defendants and Respondents.

Supreme Court of Montana.

Submitted June 6, 2002.

Decided April 25, 2003.

Attorney(s) appearing for the Case

Michael Cok and Michael Wheat (argued), Cok, Wheat, Brown and McGarry, Bozeman, Montana, William Rossbach, Rossbach Brennan, Missoula, Montana, for Appellant.

Honorable Mike McGrath, Attorney General; Chris D. Tweeten (argued), Chief Counsel, Helena, Montana, for Respondents.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Darlene M. Robinson (Robinson) appeals from the judgment of the First Judicial District Court, Lewis and Clark County, dismissing her complaint against the State of Montana.

¶ 2 Robinson is the personal representative of Donald C. Robinson. Robinson brought this suit to enforce her deceased husband's rights, as a Medicaid recipient, and the rights of other similarly situated Medicaid...

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