No. 19987.

315 F.2d 727 (1963)

Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Appellant, v. Celeste R. MAXWELL, Appellee.

United States Court of Appeals Fifth Circuit.

April 4, 1963.

Attorney(s) appearing for the Case

Macon L. Weaver, U. S. Atty., Terry Huffstutler, Jr., Asst. U. S. Atty., Birmingham, Ala., John G. Lauglin, Jerry C. Straus, Alan S. Rosenthal, Attys., Dept. of Justice, Washington, D. C., Joseph D. Guilfoyle, Acting Asst. Atty. Gen., for appellant.

Henry H. Mize, Tuscaloosa, Ala., for appellee.

Before TUTTLE, Chief Judge, and POPE and JONES, Circuit Judges.

TUTTLE, Chief Judge.

This is an appeal by the Secretary of Health, Education and Welfare from an order of the United States District Court for the Northern District of Alabama which reversed a determination by the Secretary that appellee was not entitled to old-age insurance benefits from certain income she derived in 1958 and 1959 from leased land. Jurisdiction was vested in the district court by 42 U.S.C. § 405(g). The Secretary had held that this income did...

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