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EDWARDS v. VALDEZ

Nos. 85-1552, 85-1650.

789 F.2d 1477 (1986)

Thomas EDWARDS, Jeanette Caldwell, and John Vigil, Plaintiffs-Appellees/Cross-Appellants, v. Ruben VALDEZ, Executive Director, Colorado Department of Labor; John Kezer, Director, Division of Employment and Training; and Industrial Commission of Colorado (Ex-Officio the Unemployment Compensation Commission), in their official capacities, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

May 5, 1986.

Attorney(s) appearing for the Case

Timothy R. Arnold, First Asst. Atty. Gen., Human Resources Section (Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Gregory K. Chambers, Asst. Atty. Gen., Human Resources Section, and Richard H. Forman, Sol. Gen., with him on briefs), Denver, Colo., for defendants-appellants/cross-appellees.

Melody K. Fuller (Jackson L. Peters, Jr., Pikes Peak Legal Services, Colorado Springs, Colo., and Brian Patrick Lawler, Colorado Coalition of Legal Service Programs, Denver, Colo., with her on briefs), Legal Aid Society of Metropolitan Denver, Inc., Denver, Colo., for plaintiffs-appellees/cross-appellants.

Francis X. Lilly, Sol. of Labor, Allen H. Feldman, Acting Associate Sol., Sp. Appellate and Supreme Court Litigation Div., Carol A. DeDeo, Counsel for Appellate Litigation, Steven J. Mandel and Bette J. Briggs, Washington, D.C., for the U.S. Dept. of Labor.

Jordan Rossen, General Counsel and Richard W. McHugh, Associate Gen. Counsel, Detroit, Mich., for Intern. Union, United Auto., Aerospace and Agr. Implement Workers of America.

Before SEYMOUR, SETH and BALDOCK, Circuit Judges.

BALDOCK, Circuit Judge.

This case involves the interplay between two welfare programs: social security and unemployment compensation. Plaintiffs-appellees/cross-appellants (plaintiffs) are three residents of Colorado who retired and began to receive social security payments. Each plaintiff returned to work for a new employer, subsequently became unemployed, and filed unemployment insurance claims with defendants-appellants/cross-appellees (defendants). Based on an...

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