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GARDNER v. SLOANE

No. 21950.

396 F.2d 641 (1968)

John W. GARDNER, Secretary of Health, Education and Welfare, Appellant, v. Paul E. SLOANE and Alyse S. Sloane, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied August 6, 1968.

Attorney(s) appearing for the Case

Cecil F. Poole, U. S. Atty., San Francisco, Cal., Carl Eardley, Acting Asst. Atty. Gen., Civil Division, Morton H. Hollander, Jack H. Weiner, Alan S. Rosenthal, William Kanter, Attys., Department of Justice, Washington, D. C., for appellant.

Paul E. Sloane (argued), in pro. per. for appellees.

Before MADDEN, Judge of the United States Court of Claims, JERTBERG and CARTER, Circuit Judges.

JAMES M. CARTER, Circuit Judge.

This action was commenced by Paul E. Sloane and Alyse S. Sloane, appellees, (hereafter "Sloane"), pursuant to Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), (hereafter the "Act"), to obtain judicial review of a final decision of the Secretary of Health, Education and Welfare, (hereafter the "Secretary").

THE QUESTION

The question presented is how income from earnings as deductions against old-age...

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