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ROBINSON v. BOWEN

No. 85 Civ. 0450 (EW).

650 F.Supp. 1495 (1987)

Marie ROBINSON, Plaintiff, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant.

United States District Court, S.D. New York.

January 8, 1987.

Attorney(s) appearing for the Case

Westchester Legal Services, Inc., Senior Citizens Law Clinic, White Plains, N.Y., for plaintiff; Marianne Artusio, of counsel.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for defendant; Mark S. Sochaczewsky, Sp. Asst. U.S. Atty., Annette H. Blum, Regional Atty., — Region II, Linda Riffkin, Asst. Regional Atty., Office of the General Counsel, Dept. of Health and Human Services, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Plaintiff Marie Robinson moves for class certification and for summary judgment in her action seeking to invalidate a Social Security Administration ("SSA") regulation which counts, as income, payments from other agencies which are withheld by the agencies to repay prior overpayments.1 Defendant Otis R. Bowen, Secretary of the Department of Health and Human Services (the "Secretary"),...

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