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MORGAN v. FINCH

No. 19524.

423 F.2d 551 (1970)

Thomas Guy MORGAN, Sr., Plaintiff-Appellant, v. Robert H. FINCH, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

April 2, 1970.

Attorney(s) appearing for the Case

Thomas G. Morgan, Jr., Henderson, Tenn., for appellant.

J. F. Bishop, Atty., Dept. of Justice, Washington, D. C., for appellee, William D. Ruckelshaus, Asst. Atty. Gen., Kathryn H. Baldwin, Atty., Dept. of Justice, Washington, D. C., Thomas F. Turley, Jr., U. S. Atty., Memphis, Tenn., on brief.

Before WEICK, PECK and COMBS, Circuit Judges.

COMBS, Circuit Judge.

The District Judge upheld a decision by the Secretary of Health, Education, and Welfare that Thomas Guy Morgan, Sr., had received $6,274.90 in overpayments of old-age insurance benefits and that deductions in subsequent payments should be imposed until that amount is recovered. Morgan, who is now seventy-seven years old, was during the period 1961-1964 a general agent in Tennessee for Pierce National Life Insurance Company. He received income...

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