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WATKINS v. CANTRELL

No. 83-1866.

736 F.2d 933 (1984)

Geraldine WATKINS, on behalf of herself and all others similarly situated, Appellants, v. Ralph G. CANTRELL, Commissioner Virginia Employment Commission; Jerry Lawson, Department Commissioner, Unemployment Division; Joseph Hayes, Director Unemployment Division; Grace Dowdy, Benefits Chief, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 6, 1984.

Attorney(s) appearing for the Case

William L. Botts, III, Rappahannock Legal Services, Fredericksburg, Va., for appellants.

Gerald L. Baliles, Atty. Gen., Paul J. Forch, Sr., Asst. Atty. Gen., and Robert J. Barry, Asst. Atty. Gen., Richmond, Va., for appellees.

Before WINTER, Chief Judge, SPROUSE, Circuit Judge, and PECK, Senior Circuit Judge.

JOHN W. PECK, Senior Circuit Judge:

This is an action challenging, on federal statutory and constitutional grounds, the Virginia pension offset provision which provides that unemployment insurance benefits are to be reduced or offset by the amount of any benefits received from social security, private or public pension, or other similar periodic payment based upon a claimant's previous employment. Va.Code § 60.1-48.1.1 The principal...

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