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KNUCKLES v. WEINBERGER

No. C-72 1506 ACW.

371 F.Supp. 565 (1973)

Winnie Mae KNUCKLES et al., Plaintiffs, v. Casper WEINBERGER, Secretary United States Department of Health, Education and Welfare, Defendant.

United States District Court, N. D. California.

August 7, 1973.

Attorney(s) appearing for the Case

Marjorie Gelb and Alan Neckritz, Legal Aid Society of Alameda County, Oakland, Cal., for plaintiffs.

James L. Browning, Jr., U. S. Atty. by James A. Bruen, Asst. U. S. Atty., San Francisco, Cal., for defendant.

ORDER DISMISSING COMPLAINT

WOLLENBERG, District Judge.

This lawsuit presents the question of whether recipients of social security payments in the form of retirement, survivors or disability benefits are entitled to prior notice and evidentiary hearings before their benefits are suspended by the Secretary of the Department of Health, Education and Welfare in order to recoup overpayments. The Secretary is required by 42 U.S.C. § 404(a)(1) to seek immediate...

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