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TONGOL v. USERY

No. C-76-1002 WHO.

575 F.Supp. 409 (1983)

Reynaldo TONGOL, et al., Plaintiffs, v. William J. USERY, Jr., in his capacity as Secretary of the United States Department of Labor, et al., Defendants.

United States District Court, N.D. California.

March 29, 1983.

Attorney(s) appearing for the Case

Richard Pearl*, California Rural Legal Assistance Co-op. Legal Services Center, San Francisco, Cal., Timothy McCarthy, Marian Johnston, Luis Jaramillo, California Rural Legal Assistance, Salinas, Cal., Richard Paez, Western Center on Law & Poverty, Los Angeles, Cal., Richard Pearl*, William C. McNeill III, Pearl, McNeill, Gillespie & Standish, Oakland, Cal., for plaintiffs.

Joseph Russoniello, U.S. Atty., William T. McGivern, Jr., Asst. U.S. Atty., San Francisco, Cal., for defendant Usery.

John Van DeKamp, Atty. Gen. of Cal., John Klee, Asher Rubin, Deputy Attys. Gen., San Francisco, Cal., for state defendants.

OPINION

ORRICK, District Judge.

The centerpiece of this seven-year old litigation is not the important question raised by the plaintiffs, decided by this Court, and promptly affirmed by the Court of Appeals, namely, whether a federal regulation is valid that prohibits states from waiving recoupments of overpayments of Federal Supplemental Benefits provided under the Emergency Unemployment Compensation Act of 1974 (the holding is that such a regulation

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