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SCHWINGEL v. HARRIS

No. 70, Docket 80-6023.

631 F.2d 192 (1980)

Pearle SCHWINGEL, Plaintiff-Appellant, v. Patricia Roberts HARRIS, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 2, 1980.

Attorney(s) appearing for the Case

Paul M. Ryther, Bath, N. Y. (Southern Tier Legal Services, Bath, N. Y., Martin A. Hotvet, Robert A. Russell, Bath, N. Y., of counsel), for plaintiff-appellant.

David Rothenberg, Asst. U. S. Atty., Rochester, N. Y. (Richard J. Arcara, U. S. Atty., W. D. New York, Rochester, N. Y., Frank V. Smith, III, Regional Atty., Annette N. Kasle, Asst. Regional Atty., Dept. of Health and Human Services, New York City,) of counsel, for defendant-appellee.

Before FEINBERG, Chief Judge, LUMBARD and OAKES, Circuit Judges.

FEINBERG, Chief Judge:

Plaintiff Pearle Schwingel, an 84-year-old widow, appeals from a judgment of the United States District Court for the Western District of New York in favor of defendant Patricia Roberts Harris, Secretary of Health and Human Services, in plaintiff's action to review the Secretary's determination that she had been overpaid $929.95 in Supplemental Security Income (SSI) benefits and that recovery of such overpayment should not be waived. On this...

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