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DOCKSTADER v. MILLER

No. 82-1199.

719 F.2d 327 (1983)

Mahala DOCKSTADER, on behalf of herself and all others similarly situated, Plaintiff-Appellant, v. G. William MILLER, Secretary of the United States Department of the Treasury; the United States Department of the Treasury; Richard S. Schweiker, Secretary of the United States Department of Health and Human Services; and the United States Department of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied November 14, 1983.

Attorney(s) appearing for the Case

Lucy Billings, Community Action for Legal Services, Inc., New York City (Eileen P. Sweeney, Nat. Senior Citizens Law Center, Washington, D.C., and Alfred J. Chiplin, Jr., Nat. Senior Citizens Law Center, Los Angeles, Cal., with her on brief), for plaintiff-appellant.

Gabriel Depass, Dept. of Health and Human Services, Baltimore, Md. (Kenneth Schmalzback, Dept. of Treasury, J. Paul McGrath, Asst. Atty. Gen., Robert S. Greenspan, Dept. of Justice, Washington, D.C., Brent D. Ward, U.S. Atty., Laurence J. Leigh, Asst. U.S. Atty., Salt Lake City, Utah, Randolph W. Gaines, Deputy Asst. Gen. Counsel, for Litigation, and A. George Lowe, Dept. of Health and Human Services, Baltimore, Md., with him on brief), for defendants-appellees.

Before BARRETT, McKAY and LOGAN, Circuit Judges.

BARRETT, Circuit Judge.

Mahala Dockstader, on behalf of herself and all those similarly situated, brought this class action challenging the procedures by which the Social Security Administration (SSA) and the Department of the Treasury (Treasury) reclaimed certain erroneously paid social security benefits. The district court granted summary judgment in favor of SSA and Treasury and Mrs. Dockstader brought this appeal.

In 1968, Mahala Dockstader filed for and...

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