Legal Opinion
Fred P. Herbst v. Robert Finch, Secretary of Health, Education and Welfare
Court of Appeals for the Second Circuit
Decided December 11, 1972No. 147, Docket 72-1637PublishedCited by 19 opinions
1Opinion of the Court
TIMBERS, Circuit Judge:
The simple issue on this uncomplicated appeal is whether appellant, now a 74 year old retired buyer and seller of seeds, was entitled for the year 1967 to receive old-age insurance benefits under the Social Security Act without having deducted from such benefits wages and salary that he never received. We hold that he was.
Appellant Fred P. Herbst (Herbst) appeals from a judgment entered on April 3, 1972 in the Southern District of New York, Lloyd F. MacMahon, District Judge, 342 F.Supp. 765, on cross-motions for judgment on the pleadings in an action commenced by Herbst…
2Cases cited6 opinions
- Clistie Bell Thomas v. Anthony J. Celebrezze, Secretary of the Department of Health, Education, and WelfareCourt of Appeals for the Fourth Circuit · 1964
- Ray Rasmussen v. John W. Gardner, Secretary of Health, Education and Welfare of the United States of AmericaCourt of Appeals for the Tenth Circuit · 1967
- Emlen v. Social Security BoardCourt of Appeals for the Third Circuit · 1945
- Snyder v. RibicoffCourt of Appeals for the Fourth Circuit · 1962
- Medina v. FinchDistrict Court, D. Connecticut · 1971
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Devlin Adams, by Rossini Adams, His Parent and Natural Guardian v. Caspar Weinberger, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1975
- Rosa v. WeinbergerDistrict Court, E.D. New York · 1974
- Hayner v. WeinbergerDistrict Court, E.D. New York · 1974
- Sokoloff v. RichardsonDistrict Court, E.D. New York · 1973
- Gerstman v. Secretary of Health, Education & WelfareDistrict Court, W.D. New York · 1977
14 more not listed; retrieve them via the Exa API.