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FANTY v. COM. OF PA., DEPT. OF PUBLIC WELFARE

Nos. 76-1924, 76-1968 and 76-1969.

551 F.2d 2 (1977)

Robert FANTY et al. v. The COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE and Helene Wohlgemuth, Secretary of the Department of Public Welfare of the Commonwealth of Pennsylvania, Appellants. Eloise RANDLE, Appellant in No. 76-1968, v. Helene WOHLGEMUTH, Individually and as Secretary of the Department of Public Welfare, Commonwealth of Pennsylvania, Health and Welfare Building, Harrisburg, Pennsylvania, et al., Appellants in No. 76-1969.

United States Court of Appeals, Third Circuit.

Decided February 8, 1977.

Attorney(s) appearing for the Case

Joseph M. Ludwig, Ludwig & Achman, Pittsburgh, Pa., for appellees in No. 76-1924.

Jonathan M. Stein, Community Legal Services, Inc., Philadelphia, Pa., for appellant in No. 76-1968 and cross-appellee in No. 76-1969.

Axel A. Shield, II, Asst. Atty. Gen., Michael von Moschzisker, Deputy Atty. Gen., Eastern Regional Director, Robert P. Kane, Atty. Gen., Philadelphia, Pa., for cross-appellants and appellants in No. 76-1924 and Nos. 76-1968 and 76-1969.

Before SEITZ, Chief Judge, and HUNTER and GARTH, Circuit Judges.

OPINION

SEITZ, Chief Judge.

Plaintiffs are recipients of lump sum Social Security benefits. Defendants are officers and agents of the Pennsylvania Department of Public Welfare ("DPW"). Plaintiffs allege in their complaint that the manner in which DPW has attempted to collect their federal benefits in reimbursement of amounts granted under the state welfare laws amounts to invalid use of "legal process" within the meaning of 42 U.S.C. § 407 and the Supreme...

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