George F. Delno v. Anthony J. Celebrezze, Secretary of Health, Education and Welfare

BROWNING, Circuit Judge.

This is an appeal from a summary judgment sustaining a decision of the Appeals Council of the Social Security Administration which denied appellant' Delno’s application for old-age insurance benefits under section 202(a) of the Social Security Act, 42 U.S.C.A. § 402(a).

Appellant and his wife purchased an undivided one-half interest in a thirty-unit apartment house in 1956, and entered into a contract for the operation of the property with the couple owning the other one-half interest. It was agreed that income and operating expenditures would be divided equally between…