FLEMMING v. RHOADES

No. 18072.

276 F.2d 788 (1960)

Arthur S. FLEMMING, Secretary of Health, Education and Welfare, Appellant, v. Ralph L. RHOADES, Appellee.

United States Court of Appeals Fifth Circuit.

April 14, 1960.


Attorney(s) appearing for the Case

Douglas A. Kahn, Samuel D. Slade, Attys., Dept. of Justice, Washington, D. C., Robert F. Nunez, Asst. U. S. Atty., Tampa, Fla., George Cochran Doub, Asst. Atty. Gen., E. Coleman Madsen, U. S. Atty., Miami, Fla., for appellant.

Phillip R. Kelley, Rogers and Kelley, Kissimmee, Fla., for appellee.

Before HUTCHESON, BROWN and WISDOM, Circuit Judges.


PER CURIAM.

The issue in this case is whether the proceeds from the sale of seven coal mining leases are includible in self employment income for purposes of computing benefits under the Social Security Act. 42 U.S.C.A. § 301 et seq.

The appellee, Ralph L. Rhoades, dealt in coal rights in Pennsylvania and Ohio. Rhoades never mined. Usually he subleased his coal rights, receiving thirty cents per ton of the coal produced. He paid the owners ten or twenty...

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