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CELEBREZZE v. JOUBERT

No. 20880.

333 F.2d 32 (1964)

Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Appellant, v. Louis A. JOUBERT, Appellee.

United States Court of Appeals Fifth Circuit.

June 18, 1964.

Attorney(s) appearing for the Case

Robert V. Zener, Sherman L. Cohn, Attys., Dept. of Justice, Washington, D. C., John W. Douglas, Asst. Atty. Gen., Edward L. Shaheen, U. S. Atty., for appellant.

Albert John Boudreaux, Pavy & Boudreaux, Opelousas, La., for appellee.

Before BROWN, MOORE and GEWIN, Circuit Judges.

PER CURIAM.

The District Court for the Western District of Louisiana reversed a determination by the Secretary of Health, Education and Welfare that the claimant Joubert was not entitled to old age benefits under the Social Security Act, 42 U.S.C.A. § 411(a). The Secretary concluded that the activities of Mr. Joubert did not constitute "material participation" under the above cited section relating to self-employment income in the production or management of...

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