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MUSHERO v. IVES

No. 91-1347.

949 F.2d 513 (1991)

Adam MUSHERO, etc., Plaintiff, Appellant, v. H. Rollin IVES, Commissioner, Maine Department of Human Services, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided November 19, 1991.

Attorney(s) appearing for the Case

Mary T. Henderson, Pine Tree Legal Assistance, Inc., for plaintiff, appellant.

Mary B. Najarian, Asst. Atty. Gen., with whom Michael E. Carpenter, Atty. Gen., and Christopher C. Leighton and Thomas D. Warren, Deputy Attys. Gen., were on brief, for defendant, appellee.

Before CAMPBELL, TORRUELLA and SELYA, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

Adam Mushero, representing plaintiff class,1 appeals from the judgment of the United States District Court for the District of Maine denying his request for declaratory and injunctive relief pursuant to 42 U.S.C. § 1983 against the Maine Department of Human Services ("DHS"). Mushero claimed that DHS violated federal law when it intercepted his federal tax refund in order to satisfy his alleged indebtedness...

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