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BOWMAN v. STUMBO

Nos. 82-5746, 83-5457.

735 F.2d 192 (1984)

William E. BOWMAN, Individually and on behalf of all others similar situation, Plaintiff-Appellee, v. W. Grady STUMBO, Secretary, Kentucky Department of Human Resources, et al., Defendants-Appellants, and Raymond J. Donovan, Secretary of the Department of Labor, Intervening Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided May 25, 1984.

Attorney(s) appearing for the Case

R. Hughes Walker, Gen. Counsel, Stanley A. Stratford, Assistance General Counsel, Daniel F. Egbers, Staff Attorney Cabinet, for Human Resources, Frankfort, Ky., for defendants-appellants in No. 82-5746.

Mark C. Rutzick, David M. Glass, Dept. of Justice, Washington, D.C., for defendants-appellants in No. 83-5457.

Michael Kimmel, argued, Leonard Schaitman, Attys., Appellate Staff, Civ.Div., Dept. of Justice, Washington, D.C., amicus curiae for defendants-appellants.

Richard W. McHugh, Barry L. Master, Legal Aid Soc. of Louisville, Louisville, Ky., Wendy L. Kahn, argued, Zwerdling, Schlossberg, Leibig & Kahn, Washington, D.C., for plaintiff-appellee.

Before JONES and CONTIE, Circuit Judges, and CHURCHILL, District Judge.

CHURCHILL, District Judge.

These appeals present a single question of statutory construction: whether 26 U.S.C. § 3304(a)(15)(A)(i) requires that unemployment compensation benefits be offset by the amount of Social Security or Railroad Retirement benefits received by the unemployed worker where the right to such benefits derives from work with an employer other than that employer which gives rise to his claim for unemployment compensation.

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