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JOHNS v. STEWART

No. 94-4161.

57 F.3d 1544 (1995)

Michael C. JOHNS; and John Davies, individually and on behalf of all other persons similarly situated, Plaintiffs-Appellants, and Robert Witbeck, individually, Plaintiffs, v. Michael STEWART, in his capacity as Executive Director of the Utah Department of Human Services; Emma Chacon, in her capacity as Director of the Office of Recovery Services, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 20, 1995.

Attorney(s) appearing for the Case

Michael E. Bulson, (Thomas McWhorter with him on the brief) of Utah Legal Services, Inc., Ogden, UT, for plaintiffs-appellants.

Billy L. Walker, Asst. Atty. Gen. (Jan Graham, Atty. Gen., Tamara K. Prince, Asst. Atty. Gen., with him on the brief), Salt Lake City, UT, for defendants-appellees.

Before TACHA, ALDISERT, and BALDOCK, Circuit Judges.

BALDOCK, Circuit Judge.

Plaintiffs Michael C. Johns and John Davies brought a class action suit on behalf of all persons who have received or will receive federal Supplemental Security Income ("SSI") benefits and who have had or will have some portion of their SSI benefits withheld by Defendants as reimbursement for public assistance provided to Plaintiffs by the State of Utah. Plaintiffs alleged Defendants, Michael Stewart and Emma Chacon, in their capacities as...

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