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MARTINEZ v. DUNLOP

No. C-75-1346 WHO.

411 F.Supp. 5 (1976)

Kenneth R. MARTINEZ, on behalf of himself and all others similarly situated, Plaintiffs, v. John T. DUNLOP, in his capacity as Secretary of the United States Department of Labor, et al., Defendants.

United States District Court, N. D. California.

March 8, 1976.

Attorney(s) appearing for the Case

Timothy H. McCarthy, California Rural Legal Assistance, Salinas, Cal., for plaintiffs.

James L. Browning, Jr., U. S. Atty., William T. McGivern, Jr., Asst. U. S. Atty., Evelle J. Younger, Atty. Gen., Elizabeth Palmer, Asst. Atty. Gen., Asher Rubin, Deputy Atty. Gen., San Francisco, Cal., for defendants.

OPINION

ORRICK, District Judge.

This suit challenges the recoupment of overpayments received as unemployment benefits under Title II of the Emergency Jobs and Unemployment Assistance Act of 1974 (P.L. 93-567) (the Act). Plaintiff Kenneth R. Martinez brings this action on behalf of himself and a class of all California residents who, through no fault of their own, received overpayment of benefits under the Special Unemployment Assistance Program (SUA) and...

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