TYNDALL v. GARDNER

No. 11084.

376 F.2d 746 (1967)

Frederick F. TYNDALL, Appellee, v. John W. GARDNER, Secretary of Health, Education and Welfare, Appellant.

United States Court of Appeals Fourth Circuit.

Decided May 2, 1967.


Attorney(s) appearing for the Case

Kathryn H. Baldwin, Atty., Dept. of Justice (Barefoot Sanders, Asst. Atty. Gen., Florence Wagman Roisman, Atty., Dept. of Justice, and Robert H. Cowen, U. S. Atty., on brief), for appellant.

No appearance for appellee.

Before HAYNSWORTH, Chief Judge, and BRYAN and WINTER, Circuit Judges.


HAYNSWORTH, Chief Judge.

The Secretary of Health, Education and Welfare has appealed from a judgment of the District Court overturning a decision of the Secretary imposing certain deductions, because of self-employment income, from old-age benefits which, otherwise, would have been payable and a penalty for an untimely filing of a report of such earnings. Tyndall concedes that during the relevant years he had some self-employment income, but he contests the inclusion...

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