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HEARD v. SECRETARY OF HEALTH, EDUCATION AND WELFARE

No. 30212.

439 F.2d 697 (1971)

Howard W. HEARD, Plaintiff-Appellee, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 5, 1971.

Attorney(s) appearing for the Case

John L. Briggs, U. S. Atty., Jacksonville, Fla., Kathryn H. Baldwin, J. F. Bishop, Dept. of Justice, Washington, D. C., for appellant.

Fredrick L. Rice, Jacksonville, Fla., for appellee.

Before TUTTLE, AINSWORTH and SIMPSON, Circuit Judges.

PER CURIAM:

This case involves the standard of review by a district court of a determination of fact by the Secretary bearing on the entitlement of a covered person of 65 years of age to old age social security benefits. It is plain on the record here that there was substantial evidence to support the Secretary's findings that the retiree's income from salary and self employment equalled the salary paid to him by his corporation, set up to take over his sole proprietorship...

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