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PEARE v. McFARLAND

No. 84-1360.

778 F.2d 354 (1985)

Harry S. PEARE, Individually and on behalf of a class of persons in the State of Indiana similarly situated, Plaintiff-Appellant, v. Harry T. McFARLAND, in his capacity as Director of Indiana Employment Security Division, William H. Skinner, Paul M. Hutson, and Daniel L. Adams, Defendants-Appellees, and United States Department of Labor, Defendant-Intervenor-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 27, 1985.

Attorney(s) appearing for the Case

Ivan E. Bodensteiner, Legislative Service Program of North Ind., Valparaiso, Ind., for plaintiff-appellant.

Michael Kimmel, U.S. Dept. of Justice, Civ. Div., Washington, D.C., for appellee.

Before CUDAHY and POSNER, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.

FAIRCHILD, Senior Circuit Judge.

This appeal involves an application of the federal law governing a State's offset of Social Security retirement benefits against unemployment compensation. Indiana is the State involved here. The same question has been presented in the Sixth and Ninth Circuits and decided in favor of the offset. Bowman v. Stumbo, 735 F.2d 192 (6th Cir.1984) and Rivera v. Becerra, 714 F...

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