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YAMASAKI v. SCHWEIKER

No. 81-4220.

680 F.2d 588 (1982)

Nancy YAMASAKI, Benito Molina, Lydia T. Armitage, Julia Kualani and Kurt Von Forstmeyer, etc., et al., Plaintiffs-Appellees, v. Richard S. SCHWEIKER, Individually and in his capacity as Secretary, United States Department of Health and Human Services, and Edward H. Ichiyama, Individually and in his capacity as Pacific Area Manager, etc., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided June 28, 1982.

Attorney(s) appearing for the Case

A. George Lowe, Baltimore, Md., argued, for defendants-appellants; Wallace W. Weatherwax, Honolulu, Hawaii, on brief.

Stanley E. Levin, Honolulu, Hawaii, argued, for plaintiffs-appellees; Patricia A. McMemanran, Honolulu, Hawaii, on brief.

Before SCHROEDER, NELSON and BOOCHEVER, Circuit Judges.

PER CURIAM:

For the third time we consider this case which has been to the Supreme Court twice in its ten-year procedural odyssey. The Secretary of Health and Human Services appeals the district court's determination that a social security benefits recipient who has requested a waiver of recoupment of a benefit overpayment is automatically entitled to a pre-recoupment hearing after paper review of the waiver request is unfavorable...

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