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RINI v. HARRIS

No. 78-2598.

615 F.2d 625 (1980)

Richard J. RINI, Plaintiff-Appellant, v. Patricia Roberts HARRIS, Secretary of Health and Human Resources, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 10, 1980.

Attorney(s) appearing for the Case

Ronald J. Pursell, New Orleans, La., for plaintiff-appellant.

Mary Wms. Cazalas, Asst. U. S. Atty., New Orleans, La., Andrew E. Wakshul, Dept. of HEW, Baltimore, Md., for defendant-appellee.

Before GEE, FAY and VANCE, Circuit Judges.

VANCE, Circuit Judge:

Richard J. Rini appeals the district court's decision for the Secretary of Health, Education and Welfare upon consideration of cross motions for summary judgment. The decision upholds the Secretary's denial of Rini's request that she waive recovery of an overpayment of disability insurance benefits.1 We reverse.

Richard J. Rini was born on March 3, 1935. After graduating from grammar school, he was told that...

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