TURNER v. McMAHON

Nos. 86-2321, 86-2490 and 87-1519.

830 F.2d 1003 (1987)

Sandra TURNER, Debra Scruggs, and Jerrylean Baker, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. Linda McMAHON, individually and in her official capacity as the Director of the Department of Social Services of the State of California; Department of Social Services of the State of California; Jesse Huff, individually and in his official capacity as Director of the Department of Finance of the State of California; and the Department of Finance of the State of California; Defendants/Third-Party Plaintiffs-Appellants, v. Otis R. BOWEN, Secretary of Health and Human Services, Third-Party Defendant. Sandra TURNER; Debra Scruggs; Jerrylean Baker, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. Otis R. BOWEN, Secretary of Health and Human Services, Third-party-Defendant-Appellant, and Linda McMahon, individually and in her official capacity as the Director of the Department of Social Services of the State of California, Defendant-third-party-Plaintiff. Sandra TURNER; Debra Scruggs; Jerrylean Baker, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. Otis R. BOWEN, Secretary of Health and Human Services, Third-Party Defendant, and Linda McMahon, individually and in her official capacity as the Director of the Department of Social Services of the State of California; Jesse Huff, individually and in his official capacity as Director of the Department of Finance of the State of California; Department of Finance of the State of California, Defendant-third-party-Plaintiff-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 16, 1987.


Attorney(s) appearing for the Case

Mark N. Aaronson and Richard A. Rothschild, San Francisco, Cal., for plaintiffs-appellees.

Richard A. Olderman, Dept. of Justice, Washington, D.C. and John J. Klee, Jr., Deputy Atty. Gen., San Francisco, Cal., for defendants/third-party plaintiffs-appellants.

Before CHOY, ALARCON and O'SCANNLAIN, Circuit Judges.


ALARCON, Circuit Judge:

The dispositive issue on appeal is whether section 402(a) of the Social Security Act, 42 U.S.C. § 602(a)(22) (Supp. III 1985) permits a state to recoup overpayment of money paid to Families with Dependent Children (hereinafter AFDC) recipients under compulsion of an erroneous court order subsequently reversed by the Supreme Court. We hold that a state is authorized to do so under the plain language...

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