MATTERN v. WEINBERGER

No. 74-1776.

519 F.2d 150 (1975)

Arlene MATTERN, on behalf of herself and all others similarly situated, Appellee, v. Caspar W. WEINBERGER, Secretary of Health, Education and Welfare, Appellant.

United States Court of Appeals, Third Circuit.

Decided June 3, 1975.


Attorney(s) appearing for the Case

Eugene F. Zenobi, Reading, Alan N. Linder, Lancaster, for appellee.

Carla A. Hills, New York City, Robert E. J. Curran, Robert E. Kopp, Robert S. Greenspan, Dept. of Justice, Washington, D. C., for appellant.

Before VAN DUSEN, GIBBONS and HUNTER, Circuit Judges.


OPINION OF THE COURT

HUNTER, Circuit Judge:

This appeal involves a challenge to the constitutionality of the procedure established by the Secretary of Health, Education and Welfare, pursuant to section 204 of the Social Security Act,1 for the recoupment of alleged overpayments of benefits. The district court, 377 F.Supp. 906 (E.D.Pa., 1974), found...

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