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RUCKER v. SECRETARY OF TREASURY OF UNITED STATES

No. 83-1804.

751 F.2d 351 (1984)

Dalleen RUCKER, Plaintiff-Appellant, Kathy Warner, Intervenor-Appellant, v. The SECRETARY OF the TREASURY OF the UNITED STATES, and The United States of America, Defendants-Appellees, Rosa Ortega, Intervenor.

United States Court of Appeals, Tenth Circuit.

December 28, 1984.

Attorney(s) appearing for the Case

Glenn Meyers of Colorado Rural Legal Services, Inc., Denver, Colo. (Jacquelyn Higinbotham of Colorado Rural Legal Services, Inc., Fort Morgan, Colo., with him on the brief), for plaintiff-appellant and intervenor-appellant.

Jo-Ann Horn, Atty., Tax Div., Dept. of Justice, Washington, D.C. (Robert N. Miller, U.S. Atty., Denver, Colo., of counsel; Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup and Richard Farber, Attys., Tax Div., Dept. of Justice, Washington, D.C., with her on the brief), for defendants-appellees.

Before SETH, BREITENSTEIN and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

Dalleen Rucker brought this class action against the Secretary of the Treasury and the United States, challenging the application to her of section 464 of the Social Security Act, 42 U.S.C. § 664 (1982). Kathy Warner subsequently joined the action as an intervenor. Plaintiffs alleged that the Secretary exceeded his statutory authority by withholding federal income tax refunds and earned income credits due them. They sought declaratory...

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