Miller v. Burger

BONE, Circuit Judge.

This is an appeal from an order and final judgment of the district court reversing the decision of the Social Security Board 1 and directing that the Board recompute appellees’ benefits under the Social Security Act by including as part of the total statutory wages, payments in the amount of $265.71 made to appellee, James F. Burger, by Rosenberg Bros. & Co. in 1940. The decision of the Social Security Board reversed by the judgment of the lower court found that Burger’s services in 1940 were in “agricultural labor” as defined in Section 209(1) (4) of the Social Security…