Legal Opinion

Aubrey H. Thompson v. Caspar Weinberger, Secretary of Health, Education and Welfare

Court of Appeals for the Fourth Circuit

Decided November 11, 1976No. 75-1864PublishedCited by 6 opinions

1Opinion of the Court

WIDENER, Circuit Judge:

In this case, there is no issue of fact. The question of law was decided on summary judgment, and is whether sums voluntarily paid by a member of the City Council of Richmond, Virginia, who is under 72 years of age, for office rent and secretarial service, are to be excluded from his gross income received from the City for his services as a council member in determining whether the amount so earned makes applicable the provisions for deductions from Social Security benefits in § 203(b) and (f) of the Social Security Act, 42 U.S.C. § 403(b) and (f). 1 The district court…

2Cases cited9 opinions

  1. Weinberger v. SalfiSupreme Court of the United States · 1975
  2. Mourning v. Family Publications Service, Inc.Supreme Court of the United States · 1973
  3. Lewis v. MartinSupreme Court of the United States · 1970
  4. Nannie D. Harper v. Arthur S. Flemming, Secretary of the Department of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1961
  5. Earl F. Angell v. Arthur S. Flemming, Secretary of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1961

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3Cited by6 opinions

  1. John Colby v. Patricia Roberts Harris, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1980
  2. Livingstone v. HecklerDistrict Court, D. Maryland · 1985
  3. Montgomery Township v. Commonwealth, Bureau of Social Security for Public EmployeesCommonwealth Court of Pennsylvania · 1982
  4. Orr v. BowenDistrict Court, D. Nevada · 1986
  5. John G. BALLARD, Plaintiff-Appellee, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1990

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