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MORRIS v. HARRIS

No. 80-1332.

663 F.2d 1014 (1981)

Martha J. MORRIS, Plaintiff-Appellant, v. Patricia Roberts HARRIS, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 28, 1981.

Attorney(s) appearing for the Case

William J. Arland, III, of David A. Grammer, Jr., P.A., Albuquerque, N.M., for plaintiff-appellant.

Alice Daniel, Asst. Atty. Gen., Washington, D. C., Ronald F. Ross, Asst. U. S. Atty., Randolph W. Gaines, Chief of Litigation, Albuquerque, N.M., Stanley Ericsson, Atty., Dept. of Health and Human Services, Baltimore, Md., for defendant-appellee.

Before BARRETT and LOGAN, Circuit Judges, and KUNZIG, Judge.

LOGAN, Circuit Judge.

Martha J. Morris appeals an order upholding the decision of the Secretary of Health, Education and Welfare (now Health and Human Services) requiring her to repay excess social security benefits she received during 1974 and 1975. The only issue we consider on appeal is whether there is substantial evidence to support the Secretary's decision that requiring repayment of excess benefits is not against equity and good conscience.

Based upon...

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