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LIVINGSTONE v. FOLSOM

No. 11758.

234 F.2d 75 (1956)

Roy M. LIVINGSTONE v. Marion B. FOLSOM, Secretary, Department of Health, Education and Welfare, Appellant.

United States Court of Appeals Third Circuit.

Decided May 25, 1956.

Rehearing Denied June 20, 1956.

Attorney(s) appearing for the Case

John J. Cound, Washington, D. C., (Warren E. Burger, Asst. Atty. Gen., W. Wilson White, U. S. Atty., Philadelphia, Pa., Melvin Richter, John J. Cound, Attorneys, Department of Justice, Washington, D. C., on the brief), for appellant.

John Martin, Doyle, Philadelphia, Pa., for appellee.

Before MARIS, McLAUGHLIN and HASTIE, Circuit Judges.

MARIS, Circuit Judge.

This is an appeal by the Secretary of Health, Education and Welfare from a judgment of the District Court for the Eastern District of Pennsylvania setting aside his decision disallowing plaintiff's claim for old-age insurance benefits under the Social Security Act.1 Plaintiff's claim was based on his assertion that his net earnings from his insurance business during the period January, 1951, through June, 1952, entitled...

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