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SKALET v. FINCH

No. 20093.

431 F.2d 452 (1970)

Morris SKALET, Plaintiff-Appellee, v. Robert H. FINCH, Secretary of Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

September 10, 1970.

Attorney(s) appearing for the Case

Patricia S. Baptiste, Department of Justice, Washington, D.C., William D. Ruckelshaus, Asst. Atty. Gen., Kathryn H. Baldwin, Atty., Department of Justice, Washington, D.C., John L. Bowers, U. S. Atty., Knoxville, Tenn., on the brief, for appellant.

Lewis S. Howard, Knoxville, Tenn., Elliott D. Adams, Knoxville, Tenn., on the brief, for appellee.

Before PHILLIPS, Chief Judge, and WEICK and PECK, Circuit Judges.

PHILLIPS, Chief Judge.

This case arises under the Social Security Act. The claimant, Morris Skalet, was denied retirement insurance benefits by the Secretary on the grounds that he had received "excess earnings from self-employment." On review the District Court reversed the decision of the Secretary. The Secretary appeals. We reverse the judgment of the District Court and reinstate the decision of the Secretary.

Mr. Skalet owned and operated a pawnshop and...

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