PAGE v. SCHWEIKER

Civ. A. No. 82-1338.

571 F.Supp. 872 (1983)

Helen M. PAGE, on behalf of herself and all others similarly situated, Plaintiffs, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Defendant.

United States District Court, M.D. Pennsylvania.

September 2, 1983.


Attorney(s) appearing for the Case

M. Duke Pepper, Paul D. Welch, Central Pennsylvania Legal Services, New Bloomfield, Pa., for plaintiffs.

David Dart Queen, U.S. Atty., Barbara K. Kosik, Asst. U.S. Atty., Harrisburg, Pa., for defendant; Diane C. Moskal, Regional Atty., Gary S. Turetsky, Asst. Regional Atty., Region III, Dept. of Health and Human Services, Philadelphia, Pa., of counsel.


MEMORANDUM

CALDWELL, District Judge.

Before us for disposition is defendant's motion to dismiss or, alternatively, for summary judgment. For the reasons discussed hereinafter, the motion is denied.

I. Background

On October 27, 1982, plaintiff filed her complaint against the Secretary of Health and Human Services challenging the procedure utilized by the Social Security Administration (SSA) to recoup purported overpayments from Supplemental...

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