Anthony J. Celebrezze, Secretary of Health, Education and Welfare v. Louis A. Joubert , 333 F.2d 32 ( 1964 )
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Anthony J. CELEBREZZE, Secretary of Health, Education and
Welfare, Appellant,
v.
Louis A. JOUBERT, Appellee.No. 20880.
United States Court of Appeals Fifth Circuit.
June 18, 1964.
Robert V. Zener, Sherman L. Cohn, Attys., Dept. of Justice, Washington, D.C., John W. Douglas, Asst. Atty. Gen., Edward L. Shaheen, U.S. Atty., for appellant.
Albert John Boudreaux, Pavy & Boudreaux, Opelousas, La., for appellee.
Before BROWN, MOORE1 and GEWIN, Circuit Judges.
PER CURIAM.
1The District Court for the Western District of Louisiana reversed a determination by the Secretary of Health, Education and Welfare that the claimant Joubert was not entitled to old age benefits under the Social Security Act, 42 U.S.C.A. 411(a). The Secretary concluded that the activities of Mr. Joubert did not constitute 'material participation' under the above cited section relating to self-employment income in the production or management of production of agricultural commodities. The Secretary appealed.
2After a careful analysis of the record, we agree with the District Court. On this date this Court has released its opinion in Celebrezze v. Miller, 333 F.2d 29, and considers the decision there rendered controlling in this case.
3The judgment is affirmed.
1Of the Second Circuit, sitting by designation
Document Info
Docket Number: 20880_1
Citation Numbers: 333 F.2d 32
Judges: Brown, Gewin, Moore, Per Curiam
Filed Date: 6/18/1964
Precedential Status: Precedential
Modified Date: 8/4/2023