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AMIDON v. FLEMMING

Nos. 5711, 5712.

285 F.2d 718 (1960)

Ralph F. AMIDON, Plaintiff, Appellant, v. Arthur S. FLEMMING, Secretary of Health, Education, and Welfare, Defendant, Appellee. Arthur S. FLEMMING, Secretary of Health, Education, and Welfare, Defendant, Appellant, v. Ralph F. AMIDON, Plaintiff, Appellee.

United States Court of Appeals First Circuit.

December 19, 1960.

Attorney(s) appearing for the Case

Julia T. Sullivan, Boston, Mass., for Ralph F. Amidon.

John G. Laughlin, Atty., Dept. of Justice, Washington, D. C., with whom George Cochran Doub, Asst. Atty. Gen., Eliot L. Richardson, U. S. Atty., Boston, Mass., and Ronald A. Jacks, Atty., Dept. of Justice, Washington, D. C., were on brief, for Arthur S. Flemming, Secretary of Health, Education, and Welfare.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

ALDRICH, Circuit Judge.

These cross-appeals by a recipient of Social Security benefits and the Secretary of Health, Education, and Welfare in our opinion should never have reached this court. At age 67 appellant Amidon retired as a salesman for a cheese importer and thereafter took certain accounts to one Stoll, a wholesale grocer. For the two years in question he solicited these accounts, and new ones that he obtained, receiving from Stoll one half of all commissions...

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