Dondero v. Ribicoff

BRUCHHAUSEN, Chief Judge.

Each party moves for summary judgment.

The plaintiff, upon reaching the age of 65 years on December 23, 1953, filed a claim for old-age benefits. The defendant recognized the claim and paid benefits to the plaintiff. In February 1958, further payments were suspended upon an administrative determination that the plaintiff had earnings in excess of the amounts permitted by law during the years 1954 through 1957. The defendant computed the overpayments at $4,620 and demanded that the plaintiff refund that amount, whereupon the plaintiff retaliated by instituting this…