SECRETARY OF HEALTH, EDUCATION AND WELFARE v. SNELL

No. 25967.

416 F.2d 840 (1969)

SECRETARY OF HEALTH, EDUCATION AND WELFARE, Appellant, v. Otis C. SNELL, Jr., Appellee.

United States Court of Appeals Fifth Circuit.

September 22, 1969.


Attorney(s) appearing for the Case

Louis C. LaCour, U. S. Atty., New Orleans, La., Edwin L. Weisl, Jr., Asst. Atty. Gen., Alan S. Rosenthal, Stephen R. Felson, Ronald R. Glanz, Attys., Dept. of Justice, Washington, D. C., for appellant.

Allen B. Pierson, Jr., Pierson & Pierson, Ponchatoula, La., for appellee.

Before COLEMAN and GODBOLD, Circuit Judges, and SCOTT, District Judge.


GODBOLD, Circuit Judge:

The Secretary of Health, Education and Welfare refused to include in the social security account of Otis C. Snell earnings he made as a school bus driver. Snell sought review in the district court, which granted summary judgment in his favor.1 The Secretary appeals. We reverse.

In January, 1960 Snell began driving a school bus owned by Ponchatoula Elementary School, located in Tangipahoa Parish, Louisiana...

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