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LUDEKING v. FINCH

No. 19704.

421 F.2d 499 (1970)

Leslie A. LUDEKING, Appellant, v. Robert H. FINCH, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals, Eighth Circuit.

January 29, 1970.

Attorney(s) appearing for the Case

Thomas P. Helmey, Minneapolis, Minn., for appellant.

Stephen R. Felson, Atty., Dept. of Justice, Washington, D. C., for appellee; William D. Ruckelshaus, Asst. Atty. Gen., and Kathryn H. Baldwin, Atty., Dept. of Justice, Washington, D. C., and Robert G. Renner, U. S. Atty., Minneapolis, Minn., with him on the brief.

Before GIBSON, LAY and BRIGHT, Circuit Judges.

GIBSON, Circuit Judge.

The appellant, Leslie A. Ludeking became eligible to receive $123.00 per month in Social Security benefits on his 65th birth date (5-18-64), but the Secretary of Health, Education and Welfare suspended the benefit payments because Ludeking received Subchapter S dividends which the Secretary denominated as excessive wage earnings in an amount sufficient to offset the benefit payments. Appropriate administrative appeals were taken without success...

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