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ELLIOTT v. WEINBERGER

Nos. 74-1611, 74-3118.

564 F.2d 1219 (1977)

Evelyn ELLIOTT and Benito Molina, Individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. Caspar W. WEINBERGER, Individually and in his capacity as Secretary, United States Department of Health, Education and Welfare, and Sung Dai Seu, Individually and in his capacity as Pacific Area Manager, Social Security Administration, Department of Health, Education and Welfare, Defendants-Appellants. Fannie BUFFINGTON and Frances Biner, Individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. Caspar W. WEINBERGER, Individually and in his capacity as Secretary of the Department of Health, Education and Welfare, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied December 15, 1977.

Attorney(s) appearing for the Case

Robert E. Kopp and Robert S. Greenspan, argued, Civil Div., Dept. of Justice, Washington, D. C., for defendants-appellants.

Stanley E. Levin, argued, Paul D. Alston, Legal Aid Society of Hawaii, Honolulu, Hawaii, for Evelyn Elliott et al.

Jeff Spence, argued, Evergreen Legal Services, Seattle, Wash., for Fannie Buffington et al.

Before BROWNING and TRASK, Circuit Judges, and WILLIAMS, District Judge.

Rehearing and Rehearing In Banc Denied December 15, 1977.

SPENCER WILLIAMS, District Judge:

These consolidated appeals by the Secretary of the Department of Health, Education and Welfare (hereinafter referred to as the "Secretary") challenge the judgments of two district courts requiring, inter alia, the Secretary to provide old-age and disabled social security beneficiaries the right to a hearing prior to the initiation of procedures to recoup monies...

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