PATTON v. FEDERAL SECURITY AGENCY, SOCIAL SECURITY BD.

Civil Action No. 5258.

69 F.Supp. 282 (1946)

PATTON v. FEDERAL SECURITY AGENCY, SOCIAL SECURITY BOARD.

District Court, E. D. New York.

December 24, 1946.


Attorney(s) appearing for the Case

J. Vincent Keogh, U. S. Atty., of Brooklyn, N. Y. (Jesse G. Silverman, Asst. U. S. Atty., of St. George, S. I., N. Y., John F. Sonnett, Asst. Atty. Gen., J. Francis Hayden, Sp. Asst. to Atty. Gen., and Cecelia H. Goetz, Atty., Dept. of Justice, of Washington, D. C., of counsel), for the motion.

George E. Patton, in person (opposed).


BYERS, District Judge.

The defendants' motion for summary judgment presents an interesting and difficult question under the Social Security Act, 42 U.S.C.A. § 301 et seq., of whether sums paid to plaintiff by his employer for his subsistence and maintenance while engaged upon the latter's business, at places remote from his home, are to be treated as wages for the purposes of the Act.

There are no contested questions of fact, and decision is required...

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