Anthony J. Celebrezze, Secretary of Health, Education and Welfare v. John Miller

GEWIN, Circuit Judge:

This is an appeal by the Secretary of Health, Education, and Welfare from a judgment of the District Court of the Western District of Louisiana reversing the decision of the Secretary that Miller (appellee) was not entitled to old age insurance benefits. Miller’s application for such benefits was based on claimed self-employment farm income for the years 1956, 1957, and 1958. The Secretary held that such income derived from farming operations carried on by tenants or “share-croppers” did not constitute “self-employment income” as defined by the Social Security Act, 42…