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POWDERLY v. SCHWEIKER

No. 82-3092.

704 F.2d 1092 (1983)

Emma POWDERLY, et al., Plaintiff-Appellant, v. Richard S. SCHWEIKER, Secretary of the Department of Health and Human Services, and Donald T. Regan, Secretary of the Treasury, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 26, 1983.

Attorney(s) appearing for the Case

Terrence Sawyer, Richard Smith, Spokane, Wash., for plaintiff-appellant.

A. George Lowe, Ellen J. Sazzman, Dept. of Justice, Washington, D.C., for defendants-appellees.

Before KILKENNY, CHOY and FLETCHER, Circuit Judges.

KILKENNY, Circuit Judge:

Appellant appeals from an order of the district court granting the defendants' motion for summary judgment and dismissing her complaint. She alleges that the government's method of recovering the proceeds of benefit checks erroneously sent to deceased beneficiaries violates the Social Security Act (Act), 42 U.S.C.A. § 404, the Administrative Procedure Act (APA), 5 U.S.C. § 551 et seq., the Freedom of Information Act (FOIA...

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