TALBERT v. FOLSOM

No. 28, Docket 24556.

250 F.2d 577 (1957)

Rollin E. TALBERT, Plaintiff-Appellant, v. Marion B. FOLSOM, Secretary of Health, Education, and Welfare, and Edward E. Turkel, Referee, 42 Broadway, New York, New York, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided December 30, 1957.


Attorney(s) appearing for the Case

Samuel E. Swiggett, New York City, for plaintiff-appellant.

Marcus A. Rowden, Atty., Dept. of Justice, Washington, D. C. (Geo. S. Leonard, Acting Asst. Atty. Gen., and Paul A. Sweeney, Atty., Dept. of Justice, Washington, D. C., and Paul W. Williams, U. S. Atty., S. D. N. Y., New York City, on the brief), for defendants-appellees.

Before CLARK, Chief Judge, MOORE, Circuit Judge, and SMITH, District Judge.


PER CURIAM.

Talbert, presently a self-employed attorney who retired from a salaried position in 1952, received retirement benefits under the Social Security Act, 42 U.S.C. §§ 301 et seq., until January 1955. At that time payments ceased because Talbert reported expected earnings of over $1,200 a year — the statutory maximum. Talbert, in a series of letters, contended that under the Act these earnings were...

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