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BURGER v. SOCIAL SECURITY BOARD

No. 355.

66 F.Supp. 619 (1946)

BURGER et ux v. SOCIAL SECURITY BOARD et al.

District Court, S. D. California, N. D.

May 15, 1946.

Attorney(s) appearing for the Case

W. H. Stammer, of Fresno, Cal., for plaintiffs.

Charles H. Carr, former U. S. Atty., and Ronald Walker and Mildred L. Kluckhohn, Asst. U. S. Attys., all of Los Angeles, Cal., for defendants.

Arthur L. Johnson, of San Jose, Cal., amicus curiae.

Clarence A. Linn, of San Francisco, Cal., amicus curiae appearing on behalf of California State Federation of Labor.

MATHES, District Judge.

This proceeding is brought to review a final decision of the Social Security Board holding that remuneration received by plaintiff James F. Burger subsequent to January 1, 1940, was for "agricultural labor," as defined in the Social Security Act as amended in 1939, 53 Stat. 1373, c. 666, Title II, § 209, 42 U.S.C.A. § 409, and cannot for that reason be included in his "total wages" for the purpose of computing benefits payable to...

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