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NIEROTKO v. SOCIAL SECURITY BOARD

No. 9896.

149 F.2d 273 (1945)

NIEROTKO v. SOCIAL SECURITY BOARD.

Circuit Court of Appeals, Sixth Circuit.

May 14, 1945.

Attorney(s) appearing for the Case

Ernest Goodman, of Detroit, Mich. (Ernest Goodman and Morton A. Eden, both of Detroit, Mich., on the brief), for appellant.

Hubert H. Margolies, of Washington, D. C., C. T. Dinu, of Detroit, Mich. (Francis M. Shea, of Washington, D. C., John C. Lehr and C. T. Dinu, both of Detroit, Mich., and Arnold Levy and Hubert H. Margolies, both of Washington, D. C., on the brief), for appellee.

Before SIMONS, ALLEN, and HAMILTON, Circuit Judges.

SIMONS, Circuit Judge.

So far as federal reviewing courts are concerned, the legal issue presented by the appeal is one of first impression, and simply stated is whether "back pay" awards made by an employer in compliance with an order of the National Labor Relations Board, constitute "wages" under the Social Security Act, 42 U.S.C.A. § 301 et seq., for which the employee is entitled to credit on his Old Age and Survivors Insurance Account. The Social Security...

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