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FLEMMING v. LINDGREN

No. 16131.

275 F.2d 596 (1960)

Arthur S. FLEMMING, Secretary of Health, Education and Welfare of the United States, Appellant, v. Helmer F. LINDGREN, Appellee.

United States Court of Appeals Ninth Circuit.

January 20, 1960.

Attorney(s) appearing for the Case

George C. Doub, Asst. Atty. Gen., Alan S. Rosenthal, Douglas A. Kahn, Attys., Dept. of Justice, Washington, D. C., C. E. Luckey, U. S. Atty., Portland, Or., for appellant.

Jacob, Jones & Brown, Eugene E. Feltz, Portland, Or., for appellee.

Before POPE, CHAMBERS and HAMLEY, Circuit Judges.

CHAMBERS, Circuit Judge.

Lindgren is a small Oregon chicken farmer. He was self-employed through 1952. He wasn't particularly prosperous and, like millions of other Americans, wanted to share in the beneficences of social security payments. As the law stood in 1952, in his agricultural self-employment he couldn't obtain the benefits.1 As of then, the objective was a salary of $300 per month for six quarters.2

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