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BUNCH v. SCHWEIKER

No. 81-2164.

681 F.2d 249 (1982)

Thomas E. BUNCH, Appellant, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 22, 1982.

Attorney(s) appearing for the Case

John E. Tantum, Wendell, N. C., for appellant.

Lillie Price, Social Sec. Div., Dept. of Health and Human Services, Baltimore, Md. (J. Paul McGrath, Asst. Atty. Gen., Washington, D. C., Samuel T. Currin, U. S. Atty., Raleigh, N. C., Randolph W. Gaines, Chief of Litigation, Baltimore, Md., on brief), for appellee.

Before MURNAGHAN and CHAPMAN, Circuit Judges, and KISER, District Judge.

MURNAGHAN, Circuit Judge:

For income tax purposes, Congress has recently abandoned the distinction between earned and unearned income. Pub.L.No. 97-34 § 101(a) (Aug. 13, 1981). Here we encounter complications engendered by the application of a similar distinction for purposes of determination of qualification before retirement, and entitlement after retirement, for social security retirement insurance benefits.1

Thomas E....

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