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DOWNING v. SHALALA

Civ. A. No. 93-4242-DES.

881 F.Supp. 519 (1995)

Deborah A. DOWNING, Plaintiff v. Donna E. SHALALA, Secretary of Health and Human Services, United States of America, Defendant.

United States District Court, D. Kansas.

March 23, 1995.

Attorney(s) appearing for the Case

Robert E. Duncan, II, Duncan, Chartered, Topeka, KS, for plaintiff.

Melanie D. Caro, Office of U.S. Atty., Topeka, KS, for defendant.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on plaintiff's motion to reverse (Doc. 12) the Secretary's denial of her motion for waiver for overpayment of benefits. Defendant has filed a motion for an order affirming the Secretary's decision (Doc. 13).

FACTUAL AND PROCEDURAL BACKGROUND

The wage earner in this case, Wayne A. Downing, died in July 1978. He was survived by his daughter who lived...

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