JOYNER v. RIBICOFF

Civ. A. No. 1159.

206 F.Supp. 874 (1962)

Charles E. JOYNER, Plaintiff, v. Abraham RIBICOFF, Secretary of Health, Education and Welfare, Defendant.

United States District Court W. D. Virginia, Roanoke Division.

July 10, 1962.


Attorney(s) appearing for the Case

William B. Poff and Woods, Rogers, Muse & Walker, Roanoke, Va., for plaintiff Joyner.

H. Garnett Scott, Asst. U. S. Atty., Roanoke, Va., for defendant United States.


MICHIE, District Judge.

The question for decision in this case is whether, when an employee is paid $1,415.90 by his employer in one calendar year but in connection with his work had to spend $543.38 for traveling expenses for which under his contract of employment he had no right to reimbursement, his "earnings", as the word is used in section 203(e) of the Social Security Act (42 U.S.C.A. § 403(e)), are $1,415.90 or $872.52. The common sense answer is, of course...

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