Anthony J. Celebrezze, Secretary of Health, Education and Welfare v. Louis A. Joubert

Fifth Circuit

Anthony J. Celebrezze, Secretary of Health, Education and Welfare v. Louis A. Joubert

333 F.2d 32, 1964 U.S. App. LEXIS 5001

Court of Appeals for the Fifth Circuit·Decided June 18, 1964·No. 20880_1·Published

Opinion

PER CURIAM.

The District Court for the Western District of Louisiana reversed a determination by the Secretary of Health, Education and Welfare that the claimant Joubert was not entitled to old age benefits under the Social Security Act, 42 U.S.C.A. § 411(a). The Secretary concluded that the activities of Mr. Joubert did not constitute “material participation” under the above cited section relating to self-employment income in the production or management of production of agricultural commodities. The Secretary appealed.

After a careful analysis of the record, we agree with the District Court. On this date this Court has released its opinion in Celebrezze v. Miller, 333 F.2d 29, and considers the decision there rendered controlling in this case.

The judgment is affirmed.

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PER CURIAM.

The District Court for the Western District of Louisiana reversed a determination by the Secretary of Health, Education and Welfare that the claimant Joubert was not entitled to old age benefits under the Social Security Act, 42 U.S.C.A. § 411(a). The Secretary concluded that the activities of Mr. Joubert did not constitute “material participation” under the above cited section relating to self-employment income in the production or management of production of agricultural commodities. The Secretary appealed.

After a careful analysis of the record, we agree with the District Court. On this date this Court has released its opinion in Celebrezze v. Miller, 333 F.2d 29, and considers the decision there rendered controlling in this case.

The judgment is affirmed.

Anthony J. Celebrezze, Secretary of Health, Education and Welfare v. Louis A. Joubert, 333 F.2d 32, 1964 U.S. App. LEXIS 5001 (5th Cir. 1964).

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Opinion

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