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KORE v. CELEBREZZE

No. 14791.

342 F.2d 638 (1965)

Lillian KORE, Substituted as party plaintiff in the place and stead of Phillip J. Kore, deceased, Plaintiff-Appellant, v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

March 9, 1965.

Attorney(s) appearing for the Case

John H. Overbeck, Jr., Jerome T. Brennan, and Donald P. Vail, Chicago, Ill., for plaintiff-appellant.

Edward V. Hanrahan, U. S. Atty., Chicago, Ill., John Peter Lulinski, Thomas W. James, Frederick E. McLendon, Jr., Asst. U. S. Attys., of counsel, for defendant-appellee.

Before HASTINGS, Chief Judge, and DUFFY and SWYGERT, Circuit Judges.

SWYGERT, Circuit Judge.

This appeal concerns the interpretation of section 203(f) (1) (D) of the Social Security Act, as amended, 42 U.S. C. § 403(f) (1) (D). The sole issue is whether plaintiff's deceased husband "render[ed] services for wages" during the month of August, 1959 within the meaning of the act so as to preclude him from receiving Social Security benefits for that month. Plaintiff Lillian Kore, substituted as plaintiff for Phillip J. Kore, deceased...

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