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GARBER v. DEPARTMENT OF SOCIAL WELFARE

No. 32-80.

431 A.2d 469 (1981)

Jacqueline GARBER v. DEPARTMENT OF SOCIAL WELFARE.

Supreme Court of Vermont.

April 21, 1981.

Attorney(s) appearing for the Case

Paula J. Kane, Vermont Legal Aid, Inc., St. Albans, for plaintiff.

M. Jerome Diamond, Atty. Gen., Montpelier, and Steven B. McLeod, Asst. Atty. Gen., Waterbury, for defendant.

Before BARNEY, C. J., LARROW, BILLINGS and HILL, JJ., and SHANGRAW, C. J., (Ret.), Specially Assigned.

BARNEY, Chief Justice.

The Department brought proceedings to recoup a claimed overpayment of certain welfare benefits from the plaintiff. She then sought a fair hearing before the Human Services Board, where the Department's claim was affirmed. This appeal followed.

It is the position of the Department that in 1975 the plaintiff was overpaid benefits under the Aid to Needy Families with Children (ANFC) program. The overpayment was claimed to have come about...

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