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ELLENDER v. SCHWEIKER

No. 82 Civ. 4816 (IBC).

550 F.Supp. 1348 (1982)

Dorothy ELLENDER, Angela Zamski, James Trowbridge, Lois V. Brunjes, and Verley Smith, individually and on behalf of all others similarly situated, Plaintiffs, v. Richard S. SCHWEIKER, Secretary of the Department of Health and Human Services, and John A. Svahn, Commissioner of the Social Security Administration, Defendants.

United States District Court, S.D. New York.

October 26, 1982.

Attorney(s) appearing for the Case

Legal Services for the Elderly, New York City, for plaintiffs; Toby Golick, Jonathan A. Weiss, New York City, of counsel.

John S. Martin, Jr., U.S. Atty., S.D.N.Y., New York City, for defendants; Jamie Vincent Gregg, Asst. U.S. Atty., New York City, of counsel.

OPINION

IRVING BEN COOPER, District Judge.

Plaintiffs seek an order, pursuant to 28 U.S.C. § 2202 and Fed.R.Civ.P. 65, enjoining Richard S. Schweiker, Secretary of the Department of Health and Human Services, and John Svahn, Commissioner of the Social Security Administration, from recovering overpayments of Social Security benefits and withholding future benefits. Additionally, plaintiffs seek an order, pursuant to Fed.R.Civ.P. 23, certifying a class...

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