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THOMPSON v. WEINBERGER

No. 75-1864.

548 F.2d 1122 (1976)

Aubrey H. THOMPSON, Appellee, v. Caspar WEINBERGER, Secretary of Health, Education and Welfare, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 11, 1976.

Attorney(s) appearing for the Case

Steven L. Jones, Atty., Dept. of HEW, Washington, D. C. (Rex E. Lee, Asst. Atty. Gen., Washington, D. C., William B. Cummings, U. S. Atty., Alexandria, Va., Morton Hollander and Leonard Schaitman, Attys., U. S. Dept. of Justice, Washington, D. C., on brief), for appellant.

Paul G. Turner, Richmond, Va. (R. Harvey Chappell, Jr., Christian, Barton, Epps, Brent & Chappell, Richmond, Va., on brief), for appellee.

Before RUSSELL, FIELD and WIDENER, Circuit Judges.

WIDENER, Circuit Judge:

In this case, there is no issue of fact. The question of law was decided on summary judgment, and is whether sums voluntarily paid by a member of the City Council of Richmond, Virginia, who is under 72 years of age, for office rent and secretarial service, are to be excluded from his gross income received from the City for his services as a council member in determining whether the amount so earned makes applicable the provisions for deductions...

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