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U.S. v. ESTATE OF PAYNE

No. 87-2876 Summary Calendar.

836 F.2d 914 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. ESTATE OF Woodrow W. PAYNE, Deceased, and Evelyn Cormier Payne, Estate Representative, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 3, 1988.

Attorney(s) appearing for the Case

Shimon Kaplan, Beaumont, Tex., for defendants-appellants.

John B. Stevens, Jr., Asst. U.S. Atty., Beaumont, Tex., for plaintiff-appellee.

Before POLITZ, JOHNSON, and HIGGINBOTHAM, Circuit Judges.

POLITZ, Circuit Judge:

In April 1981 the Veterans' Administration (VA) notified Woodrow W. Payne, a veteran, of an overpayment in benefits totaling $1,899. The VA demanded repayment but informed Payne of his right to request that the VA waive the debt. Payne did not request a waiver, and the debt was outstanding when he died in June of 1983. Payne's will was admitted to probate in July 1983 and his widow, Evelyn Cormier Payne, was appointed estate representative....

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