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LENZ v. N.L.R.B.

No. 89-2492.

915 F.2d 388 (1990)

Donald C. LENZ; Iowa Dept. of Human Services; Mark Allen Elder; Stanley Herzenach; Gina Lea Roberts; Donna Lee Auberg; and Marjorie Ann Anderson, Plaintiffs, v. NATIONAL LABOR RELATIONS BOARD and James P. Miller, Compliance Supervisor Region 18 of the Board; Mary Ileen Lenz; Charles W. Cherry; Angela Kay Elder; Dorothy Herzenach; Rodney Brent Roberts; Russell L. Auberg; and Neal Leroy Anderson, Defendants. IOWA DEPARTMENT OF HUMAN SERVICES; Mary Ileen Lenz; and Dorothy Herzenach, Appellants, v. NATIONAL LABOR RELATIONS BOARD; Donald C. Lenz; and Stanley Herzenach, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 28, 1990.

Attorney(s) appearing for the Case

Robert R. Huibregtse, Spencer, Iowa, for appellants.

Abbey Propis Simms, Washington, D.C., for appellees.

Before WOLLMAN and MAGILL, Circuit Judges, and HEANEY, Senior Circuit Judge.

HEANEY, Senior Circuit Judge.

Because two beneficiaries of a National Labor Relations Board (Board) back pay settlement are in arrears on child support payments, we are asked to decide whether the Child Support Recovery Unit of the Iowa Department of Human Services can garnish Board funds. This lawsuit arose out of the Board's objection to having the funds garnished before these monies are in the physical possession of the recipients. The district court agreed with...

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