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SHISSLAK v. RICHARDSON

No. 71-2060.

462 F.2d 1370 (1972)

Catherine SHISSLAK and Edward J. Shisslak, etc., Plaintiffs-Appellants, v. Elliot L. RICHARDSON, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

July 25, 1972.

Attorney(s) appearing for the Case

Peter D. Eisner, (argued), Michael Addis, Legal Aid Society of Pima County Bar Assn., Tucson, Ariz., for plaintiffs-appellants.

Michael Kimmel, Atty. (argued), Katheryn H. Baldwin, Atty., L. Patrick Gray, III, Asst. Atty. Gen., Washington, D.C., Richard K. Burke, U.S. Atty., Tucson, Ariz., for defendant-appellee.

Before ELY and CHOY, Circuit Judges, and KELLEHER, District Judge.

PER CURIAM:

This appeal is from the District Court's order dismissing plaintiffs' complaint which seeks to challenge the constitutionality and enjoin enforcement of section 204(a) and (b) of the Social Security Act, 42 U.S.C. § 404(a) and (b). Under these provisions of the Act the Secretary of Health, Education and Welfare is authorized, without prior notice or hearing, to recoup from any beneficiary overpayments of insurance benefits paid to such beneficiary...

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