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CELEBREZZE v. WIFSTAD

No. 17021.

314 F.2d 208 (1963)

Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Appellant, v. Martin WIFSTAD, Appellee.

United States Court of Appeals Eighth Circuit.

March 6, 1963.

Attorney(s) appearing for the Case

Jerry C. Straus, Atty., Dept. of Justice, Washington, D. C., for appellant and Joseph D. Guilfoyle, Acting Asst. Atty. Gen., Washington, D. C., John O. Garaas, U. S. Atty., Fargo, N. D., and John G. Laughlin, Atty., U. S. Dept of Justice, Washington, D. C., on the brief.

Fred E. Whisenand, Jr., of Davidson & Whisenand, Williston, N. D., and Wallace L. Herreid, Crosby, N. D., for appellee.

Before VOGEL, BLACKMUN and RIDGE, Circuit Judges.

RIDGE, Circuit Judge.

Appellee's application for old-age insurance benefits under the Social Security Act (42 U.S.C.A. § 401, etc.) based on a claim of self-employment income derived from farm land having been denied by the Secretary of Health, Education and Welfare, he commenced this action under Section 205(g) of the Act (42 U.S.C.A. § 405(g)) to have that administrative determination judicially reviewed. The District Court, by its opinion recorded at...

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