CELEBREZZE v. BENSON

No. 17082.

314 F.2d 219 (1963)

Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Appellant, v. Estrid BENSON, Appellee.

United States Court of Appeals Eighth Circuit.

March 7, 1963.


Attorney(s) appearing for the Case

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

Paul Benson, of Shaft, Benson & Shaft, Grand Forks, N. D., for appellee.

Before VOGEL, BLACKMUN and RIDGE, Circuit Judges.


RIDGE, Circuit Judge.

This is another case1 involving coverage under the Social Security Act (42 U.S.C.A. § 401, etc.) in respect to a claim for old-age insurance benefits, based on the statutory postulate of "— material participation by the owner" of farm land "in the — management of production of — agricultural commodites" on her farm as found in Section 211(a) (1) of the Act supra (42 U.S.C.A. § 411(a...

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