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MATTERN v. MATHEWS

No. 77-1629.

582 F.2d 248 (1978)

Arlene M. MATTERN, Appellant, v. F. David MATHEWS, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals, Third Circuit.

Decided June 30, 1978.

Attorney(s) appearing for the Case

Alan Linder, Central Pennsylvania Legal Services, Lancaster, Pa., for appellant.

David W. Marston, U. S. Atty., Philadelphia, Pa., William Kanter, Robert S. Greenspan, U. S. Dept. of Justice, Washington, D. C., Steven L. Jones, Dept. of Health, Education, and Welfare, Baltimore, Md., for appellee.

Before GIBBONS and HUNTER, Circuit Judges and STAPLETON, District Judge.

OPINION

JAMES HUNTER, III, Circuit Judge.

In this appeal we again examine the constitutionality of the procedures established by the Secretary of Health, Education and Welfare for recoupment of alleged overpayments under section 204 of the Social Security Act.1 When this case was first presented to the district court, the administrative procedures were found to violate due process since...

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