UNITED STATES v. SMITH

No. 72-1657.

482 F.2d 1120 (1973)

UNITED STATES of America, Appellee, v. Lawrence P. SMITH et al., Appellants.

United States Court of Appeals, Eighth Circuit.

Decided August 3, 1973.


Attorney(s) appearing for the Case

Edward L. Simmons, Kansas City, Mo., for appellants.

Paul Anthony White, Asst. U. S. Atty., Kansas City, Mo., for appellee.

Before LAY and STEPHENSON, Circuit Judges, and TALBOT SMITH, Senior District Judge.


TALBOT SMITH, Senior District Judge.

The matter before us involves Social Security payments. Specifically it is a suit by the government for the return of an alleged overpayment of disability insurance benefits paid pursuant to the provisions of Title II of the Social Security Act, as amended, 42 U.S.C. § 423 et seq. It is a case of first impression. Neither the diligence of counsel nor our own independent research has disclosed precise prior precedent.

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