Towson Price v. Arthur S. Flemming, Secretary of Health, Education and Welfare, and Westinghouse Electric Corp., a Corporation

McLAUGHLIN, Circuit Judge.

Decision in this case was reserved pending the filing by the Supreme Court of the United States of its opinion in Flemming, Secretary, etc. v. Nestor, 80 S.Ct. 1367. The latter was filed June 20, 1960.

Appellant is a lawyer. Up until July 1, 1954 he was employed by Westinghouse Electric Corporation. On that date having reached the age of sixty-five he was retired. He then filed an application for Old Age Insurance benefits with the Bureau of Old Age and Survivors Insurance of the Social Security Administration. On July 10, 1954 he was allowed monthly benefits of $85…