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BELLES v. SCHWEIKER

No. 82-2194.

720 F.2d 509 (1983)

Rachel BELLES, Individually and on behalf of all others similarly situated, Appellant, v. Richard SCHWEIKER, Individually and in his capacity as Secretary, Department of Health and Human Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 4, 1983.

Attorney(s) appearing for the Case

Martin Ozga, Legal Services Corp. of Iowa, Des Moines, Iowa, for appellant.

Richard C. Turner, U.S. Atty., Robert C. Dopf, Asst. U.S. Atty., S.D. Iowa, Des Moines, Iowa, for appellee; Paul P. Cacioppo, Regional Atty., Kenneth J. Cain, Atty., Dept. of Health and Human Services, Kansas City, Mo., of counsel.

Before ROSS, ARNOLD and JOHN R. GIBSON, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

Rachel Belles brought this class action against the Secretary of the Department of Health and Human Services claiming that she was denied notice and hearing of alleged Title II overpayments, an opportunity to contest the overpayments or to request waiver of the overpayments, and an opportunity for a recoupment hearing. Her claim arises from the electronic deposit of funds in her account in the amount of $1,205.40 after her husband's...

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