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REED v. HECKLER

No. 83-2193.

756 F.2d 779 (1985)

Leo REED, Fidel Cisneros, Nina Nicol, Abraham Manzanares, and Margaret Gardner by and through Kevin Burns as her next friend, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Margaret M. HECKLER, Secretary of the Department of Health and Human Services, and Martha McSteen, Acting Commissioner of the Social Security Administration, in their official capacities, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 6, 1985.

Attorney(s) appearing for the Case

Daniel M. Taubman, Denver, Colo., of Colo. Coalition of Legal Services Programs (Michael J. Steiner, Denver, Colo., of Legal Aid Society of Metropolitan Denver, Inc., and Aileen M. Hooks, of Colo. Lawyer's Committee, with him on brief), Denver, Colo., for plaintiffs-appellants.

John Barksdale, Asst. U.S. Atty. (Robert N. Miller, U.S. Atty., with him on brief), Denver, Colo., for defendants-appellees.

Before HOLLOWAY, Chief Judge, and SETH and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

Five recipients of social security benefits appeal from the district court's dismissal of their proposed class action for lack of subject matter jurisdiction. They sought to challenge the efforts of the Social Security Administration (SSA) to collect alleged overpayments of Supplemental Security Income (SSI) benefits by withholding current Old Age, Survivors and Disability Insurance (OASDI) benefits.1 The district...

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