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SHOENHOLZ v. FLEMMING

No. 18848.

295 F.2d 722 (1961)

Leo SHOENHOLZ, Appellant, v. Arthur S. FLEMMING, Secretary of Health, Education and Welfare, (Abraham A. Ribicoff, Secretary of Health, Education & Welfare substituted as party appellee in the place and stead of Arthur S. Flemming, resigned), Appellee.

United States Court of Appeals Fifth Circuit.

October 31, 1961.

Attorney(s) appearing for the Case

Ben Ferrell Mitchell, Cleveland, Miss., for appellant.

B. Euple Dozier, Asst. U. S. Atty., H. M. Ray, U. S. Atty., Oxford, Miss., for appellee.

Before RIVES, CAMERON and BROWN, Circuit Judges.

PER CURIAM.

This appeal is from a summary judgment affirming a final decision of the Secretary of Health, Education and Welfare that the appellant was not entitled to the old-age insurance benefits for which he applied. The Hearing Examiner of the Social Security Administration found that the claimant did not materially participate in the production or management of production of farm commodities in the calendar years 1956 and 1957 as contemplated by Section 211(a...

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