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DOMANSKI v. CELEBREZZE

No. 15005.

323 F.2d 882 (1963)

Albert E. DOMANSKI, Plaintiff-Appellee, v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

November 4, 1963.

Attorney(s) appearing for the Case

Pauline B. Heller, Atty., Dept. of Justice, Washington, D. C. (Joseph D. Guilfoyle, Acting Asst. Atty. Gen., Morton Hollander, Atty., Dept. of Justice, Washington, D. C., Lawrence Gubow, U. S. Atty., Detroit, Mich., on the brief), for appellants.

Richard Goodman, Detroit, Mich. (Goodman, Crockett, Eden, Robb & Philo, by Geo. W. Crockett, Jr., Detroit, Mich., on the brief; Maurice Sugar, Detroit, Mich., of counsel), for appellee.

Before WEICK and O'SULLIVAN, Circuit Judges, and BOYD, District Judge.

WEICK, Circuit Judge.

This appeal is from an order of the District Court setting aside a decision of the Secretary of Health, Education and Welfare denying old age insurance benefits, under the Social Security Act, to appellee Domanski and directing the Secretary to allow and pay his claim.

The Secretary had denied the claim on the ground that no genuine employer-employee relationship existed between Domanski and his son-in-law, who was his alleged employer...

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