HARPER v. FLEMMING

No. 8245.

288 F.2d 61 (1961)

Nannie D. HARPER, Appellee. v. Arthur S. FLEMMING, Secretary of the Department of Health, Education and Welfare, Appellant.

United States Court of Appeals Fourth Circuit.

Decided March 25, 1961.


Attorney(s) appearing for the Case

Irvin B. Tucker, Jr., Asst. U. S. Atty., Raleigh, N. C. (Julian T. Gaskill, U. S. Atty., Raleigh, N. C., on brief), for appellant.

Francis E. Winslow, Rocky Mount, N. C. (Battle, Winslow, Merrell, Scott & Wiley, Rocky Mount, N. C., on brief), for appellee.

Before SOBELOFF, Chief Judge, and SOPER and BOREMAN, Circuit Judges.


SOBELOFF, Chief Judge.

Coverage under the Social Security Act is in issue here. The appellant, an aged woman owning a farm which was leased out on shares, was denied old age benefits by the Bureau of Old-Age and Survivors Insurance in the Department of Health, Education and Welfare. Denial was on the ground that, although she had paid social security taxes for the requisite number of quarters, she was ineligible because the income upon which the taxes were computed...

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