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GARNETT v. SULLIVAN

No. 89-3280.

905 F.2d 778 (1990)

William F. GARNETT, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 12, 1990.

Attorney(s) appearing for the Case

William Lewis Botts, III (argued), Rappahannock Legal Services, Fredericksburg, Va., for plaintiff-appellant.

Gabriel DePass, Office of the Gen. Counsel, Dept. of Health and Human Services (argued), Stuart E. Schiffer, Acting Asst. Atty. Gen., John M. Sacchetti, Chief Retirement, Survivors and Supplemental Assistance Litigation Branch, Dept. of Health and Human Services, Baltimore, Md., Henry E. Hudson, U.S. Atty., and Robert W. Jaspen, Asst. U.S. Atty., Richmond, Va. (on brief), for defendant-appellee.

Before ERVIN, Chief Judge, and HALL and CHAPMAN, Circuit Judges.

CHAPMAN, Circuit Judge:

William F. Garnett ("Garnett") appeals the decision of the district court granting summary judgment to the Secretary of Health and Human Services (the "Secretary") and affirming the Secretary's denial of a waiver or reduction of an overpayment of benefits which the Secretary now seeks to recover. We affirm in part and remand with instructions.

I

Garnett began receiving disability benefits under the Social Security Act, 42...

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