HARRIS v. BAILEY

No. 81-1487.

675 F.2d 614 (1982)

Virginia HARRIS, Appellant, v. George W. BAILEY, Hudson Sterling, Marshall Coleman, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 13, 1982.


Attorney(s) appearing for the Case

D. Brock Green, Herbert L. Beskin, Charlottesville-Albemarle Legal Aid Society, Charlottesville, Va., for appellant.

Dennis G. Merrill, Asst. Atty. Gen., Richmond, Va. (Marshall Coleman, Atty. Gen., Walter H. Ryland, Chief Deputy Atty. Gen., Richmond, Va., on brief), for appellees.

Before HALL, ERVIN and CHAPMAN, Circuit Judges.


ERVIN, Circuit Judge:

Virginia Harris, a Social Security recipient, brought this action under 42 U.S.C. § 1983 (1981) alleging that garnishment of her Social Security benefits under the Virginia garnishment procedure violated 42 U.S.C. § 407 (1974) and the due process clause. The United States District Court for the Western District of Virginia held that the action was moot because the garnisheed benefits had been returned before this case went to trial...

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