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SHANNON v. UNITED STATES CIVIL SERVICE COM'N

No. 78-1933.

621 F.2d 1030 (1980)

Donn C. SHANNON, on behalf of himself and all others similarly situated, Plaintiff-Appellee, v. UNITED STATES CIVIL SERVICE COMMISSION; Robert E. Hampton; Jayne B. Spain; and L. J. Andolsek, as Commissioners of Civil Service, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

June 25, 1980.

Attorney(s) appearing for the Case

William G. Kanter, Alice Daniel, Washington, D. C., G. William Hunter, San Francisco, Cal., on brief; Linda M. Cole (on brief), Dept. of Justice, Washington, D. C., for defendants-appellants.

Gill Deford, National Senior Citizens Law Center, Los Angeles, Cal., on brief, for plaintiff-appellee.

Before ANDERSON and TANG, Circuit Judges, and MURRAY, Senior District Judge.

PER CURIAM:

Shannon, plaintiff-appellee, challenged the constitutionality of procedures by which the defendant-appellant, the United States Civil Service Commission recovered erroneous payments through offset against annuity payments to recipients. The district court, in Shannon v. United States Civil Service Commission, 444 F.Supp. 354 (N.D.Cal.1977), granted a permanent injunction enjoining defendants from recouping overpayments...

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