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McCORMICK v. RICHARDSON

No. 71-1009.

460 F.2d 783 (1972)

John R. McCORMICK, Plaintiff-Appellant, v. Elliot L. RICHARDSON, Secretary of Health, Education and Welfare, and the United States of America, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied June 7, 1972.

Attorney(s) appearing for the Case

Lynnie Clayton Spahn, Oklahoma City, Okl., for plaintiff-appellant.

William Kanter, Atty., Dept. of Justice (L. Patrick Gray, III, Asst. Atty. Gen., Dept. of Justice, William R. Burkett, U. S. Atty., and Kathryn H. Baldwin, Atty., Dept. of Justice, on the brief), for defendants-appellees.

Before PHILLIPS, MURRAH and HILL, Circuit Judges.

ORIE L. PHILLIPS, Circuit Judge.

McCormick brought this action pursuant to 42 U.S.C. § 405(g) to review a decision of the Secretary of Health, Education and Welfare, hereinafter referred to as the Secretary, denying Mc-Cormick insurance benefits on net earnings from self-employment.

McCormick was the owner of 160 acres of land, located in Gold Hill Township, Gallatin County, Illinois, and 40 acres of land, located in North Fork Township in the same county...

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