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HESTER v. HARRIS

No. 79-2592.

631 F.2d 53 (1980)

Joan S. HESTER, Plaintiff-Appellant, v. Patricia Roberts HARRIS, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A

November 19, 1980.

Attorney(s) appearing for the Case

Holly G. Crampton, Robert G. Estrada, Wichita Falls, Tex., for plaintiff-appellant.

Kenneth J. Mighell, U. S. Atty., William L. Johnson, Jr., Asst. U. S. Atty., Fort Worth, Tex., for defendant-appellee.

Before WISDOM, GARZA and REAVLEY, Circuit Judges.

WISDOM, Circuit Judge:

This appeal challenges the constitutionality of the presumption in the Social Security Act, 42 U.S.C. § 401 et seq., that in a community property state income from a trade or business (other than one conducted by a partnership) is the husband's income, unless the wife exercises substantially all of the management and control of the business. 42 U.S.C. § 411(a)(5)(A) (§ 211(a)(5...

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