TUCKER v. CALDWELL

No. 77-2583.

608 F.2d 140 (1979)

Bernice TUCKER, Individually and on behalf of all other persons similarly situated, Plaintiffs-Appellants, v. Shirling Sam CALDWELL, Individually and in his official capacity as Commissioner of Labor of the State of Georgia, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied January 17, 1980.


Attorney(s) appearing for the Case

Willie E. Lockette, Albany, Ga., Alfred O. Bragg, III, Macon, Ga., W. David Arnold, Atlanta, Ga., for plaintiffs-appellants.

Wayne P. Yancey, Asst. Atty. Gen., Michael J. Bowers, Sr. Asst. Atty. Gen., Atlanta, Ga., for defendants-appellees.

Before THORNBERRY, CHARLES CLARK and KRAVITCH, Circuit Judges.


Rehearing and Rehearing En Banc Denied January 17, 1980.

THORNBERRY, Circuit Judge:

In this case we must decide whether appellant's due process rights were violated when, after a proper hearing to determine that appellant had received excessive unemployment benefits, the state recovered the excessive amount by reducing appellant's future benefits without an additional special hearing. We must also decide whether the trial judge erred in denying appellant's...

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