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HERBST v. FINCH

No. 147, Docket 72-1637.

473 F.2d 771 (1972)

Fred P. HERBST, Plaintiff-Appellant, v. Robert FINCH, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 11, 1972.

Attorney(s) appearing for the Case

Mel P. Barkan, Asst. U. S. Atty., New York City (Whitney North Seymour, Jr., U. S. Atty., New York City, on the brief), for defendant-appellee.

Fred P. Herbst, plaintiff-appellant, pro se.

Before FRIENDLY, Chief Judge, and MANSFIELD and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge:

The simple issue on this uncomplicated appeal is whether appellant, now a 74 year old retired buyer and seller of seeds, was entitled for the year 1967 to receive old-age insurance benefits under the Social Security Act without having deducted from such benefits wages and salary that he never received. We hold that he was.

Appellant Fred P. Herbst (Herbst) appeals from a judgment entered on April 3, 1972 in the Southern District of...

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