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REED v. BOWEN

No. 86-1469.

849 F.2d 1307 (1988)

Leo REED, Fidel Cisneros, Nina Nicol, Abraham Manzanares, and Margaret Gardner, by and through Kevin Burns as her next friend, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Otis R. BOWEN, Secretary Department of Health & Human Services, and Dorcas Hardy, Commissioner of the Social Security Administration, in their official capacities, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 15, 1988.

Attorney(s) appearing for the Case

Daniel M. Taubman, Colorado Coalition of Legal Services Programs (Manuel A. Ramos, Legal Aid Soc. of Metropolitan Denver with him on the briefs), Denver, Colo., for plaintiffs-appellants.

James R. Cage, Asst. U.S. Atty. (Robert N. Miller, U.S. Atty., Dist. of Colorado, with him on the briefs), Denver, Colo., for defendants-appellees.

Before LOGAN, BARRETT, and ANDERSON, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

This case is before us a second time contesting the district court's denial of class certification. In the underlying action certain named plaintiffs challenged a social security administration ("SSA") program which collects overpayments of supplemental security income ("SSI") benefits by withholding current old age, survivors and disability insurance ("OASDI") benefits. The district court initially concluded that the plaintiffs...

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