Yamasaki v. Schweiker

680 F.2d 588 Nancy YAMASAKI, Benito Molina, Lydia T. Armitage, Julia Kualani and Kurt Von Forstmeyer, etc., et al., Plaintiffs-Appellees, v. Richard S. SCHWEIKER, Individually and in his capacity as Secretary, United States Department of Health and Human Services, and Edward H. Ichiyama, Individually and in his capacity as Pacific Area Manager, etc., Defendants-Appellants. No. 81-4220. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 20, 1982. Decided June 28, 1982. A. George Lowe, Baltimore, Md., argued, for defendants-appellants; Wallace W. Weatherwax, Honolulu, Hawaii, on brief. Stanley E. Levin, Honolulu, Hawaii, argued, for plaintiffs-appellees; Patricia A. McMemanran, Honolulu, Hawaii, on brief. Appeal from the United States District Court for the District of Hawaii. Before SCHROEDER, NELSON and BOOCHEVER, Circuit Judges. PER CURIAM: 1 For the third time we consider this case which has been to the Supreme Court twice in its ten-year procedural odyssey. The Secretary of Health and Human Services appeals the district court's determination that a social security benefits recipient who has requested a waiver of recoupment of a benefit overpayment is…