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LESSIN v. CELEBREZZE

No. 17014.

314 F.2d 283 (1963)

Maurice LESSIN et al., Appellants, v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 7, 1963.

Attorney(s) appearing for the Case

Mr. Werner Strupp, Washington, D. C., with whom Mr. Hymen Tash, Washington, D. C., was on the brief, for appellants.

Mr. John C. Eldridge, Atty., Dept. of Justice, with whom Mr. Joseph D. Guilfoyle, Acting Asst. Atty. Gen., Mr. David C. Acheson, U. S. Atty., and Mr. Morton Hollander, Atty., Dept. of Justice, were on the brief, for appellee.

Before WILBUR K. MILLER, DANAHER and BURGER, Circuit Judges.

PER CURIAM.

This is an appeal from summary judgment affirming an administrative determination by the Secretary of Health, Education and Welfare that certain income received after 1946 was not derived from a trade or business under 42 U.S.C. § 411.

Appellants, Maurice and Anna Lessin, claim that interest from a promissory note was income derived from carrying on a trade or business, thereby entitling them to receive credit on their social security accounts...

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