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BREAULT v. HECKLER

Cal. No. 603, Docket 84-6258.

763 F.2d 62 (1985)

Alphena BREAULT, Eleanor Wade, on their own Behalf and on Behalf of all others similarly situated, Plaintiffs-Appellants, v. Margaret HECKLER, Secretary of Health and Human Services, Donald T. Regan, Secretary of the Treasury, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 21, 1985.

Attorney(s) appearing for the Case

Judith I. Solomon, Legal Aid Soc. of Hartford County, Inc., Hartford, Conn., for plaintiffs-appellants.

Ellen J. Sazzman, U.S. Dept. of Justice, Civ. Div., Washington, D.C. (Alan H. Nevas, U.S. Atty., New Haven, Conn., and Richard K. Willard, Acting Asst. Atty. Gen., Gabriel Depass, Office of Gen. Counsel, Dept. of H.H.S., Kenneth Schmalzbach, Office of Gen. Counsel, Dept. of Treasury, and John Cordes, U.S. Dept. of Justice, Civ. Div., Washington, D.C., of counsel), for defendants-appellees.

Before VAN GRAAFEILAND, MESKILL and WINTER, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge.

In July 1978 Alphena Breault, an elderly widow, gave a check to a garage, believing there was sufficient money in her account to cover the check. The check bounced. Unbeknownst to Mrs. Breault, the Social Security Administration had required her bank to pay it an amount allegedly equivalent to four social security payments to Mr. Breault made and deposited after his death, and the bank, without notice to Mrs. Breault, had debited her...

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