FLEMMING v. HUYCKE

No. 16822.

284 F.2d 546 (1960)

Arthur S. FLEMMING, Secretary of Health, Education and Welfare, Appellant, v. Marcelle H. HUYCKE, Appellee.

United States Court of Appeals Ninth Circuit.

November 30, 1960.


Attorney(s) appearing for the Case

George C. Doub, Asst. Atty. Gen., Samuel D. Slade, Donald H. Green, Attys., Department of Justice, Washington, D. C., C. E. Luckey, U. S. Atty., Portland, Or., for appellant.

Hutchinson, Schwab & Burdick, Dwight L. Schwab, Samuel B. Weinstein, Portland, Or., for appellee.

Before STEPHENS, JERTBERG and KOELSCH, Circuit Judges.


STEPHENS, Circuit Judge.

The sole question raised on this appeal is whether pursuant to 42 U.S.C. A. § 405(g), the District Court was correct in deeming unsupported by substantial evidence the decision of the Referee of the Social Security Administration that appellee's decedent, Dr. Austin H. Huycke, was not an employee of Dr. Lowell S. Devoe, Jr. from February 1, 1955 until July 17, 1956, the date of Dr. Huycke's death. Appellant, citing Walker v. Altmeyer...

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