THOMAS v. BOWEN

Nos. 84-1845, 85-1634.

791 F.2d 730 (1986)

Berdie THOMAS, et al., Plaintiffs-Appellees, v. Otis R. BOWEN, Secretary of Health and Human Services, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided June 9, 1986.


Attorney(s) appearing for the Case

Tricia Margot Berke Vinson, Redwood City, Cal., Susan J. Balliet, East Palo Alto Comm. Law Project, East Palto, Cal., for plaintiffs-appellees.

Freddi Lipstein, Atty., U.S. Dept. of Justice, Washington, D.C., for defendants-appellants.

Before POOLE, BEEZER and KOZINSKI, Circuit Judges.


KOZINSKI, Circuit Judge.

We review the district court's decision that appellants, the Secretaries of Health and Human Services and of the Treasury ("the government"), acted unlawfully in recouping social security benefits erroneously deposited by electronic fund transfer ("EFT") into bank accounts held by appellees after the deaths of their husbands.

Facts

The three named plaintiffs, Berdie Thomas, Joy Nutter and Inez Polson, are widows whose husbands...

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