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McDOWELL v. RIBICOFF

No. 13386.

292 F.2d 174 (1961)

Anna J. McDOWELL v. Abraham A. RIBICOFF, Secretary of Health, Welfare and Education, Appellant.

United States Court of Appeals Third Circuit.

Decided June 16, 1961.

Attorney(s) appearing for the Case

Ronald A. Jacks, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Chester A. Weidenburner, U. S. Atty., Morton Hollander, Atty., Department of Justice, Washington, D. C., on the brief), for appellant.

Virginia Barton Wallace, Philadelphia, Pa. (White & Williams, Philadelphia, Pa., on the brief), for plaintiff-appellee.

Before BIGGS, Chief Judge, and STALEY and HASTIE, Circuit Judges.

BIGGS, Chief Judge.

This is an appeal by the Secretary of Health, Education and Welfare from a summary judgment in favor of the plaintiff, Anna J. McDowell. The issue presented is whether the court below erred in reversing the final decision of the Secretary that Mrs. McDowell's earnings as executrix of her aunt's estate did not constitute income derived from a trade or business and, therefore, were not "net earnings from self-employment" within the meaning of Section...

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