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BAYLES v. FOLSUM

No. 538-F.

157 F.Supp. 866 (1958)

Marie P. BAYLES, Plaintiff, v. Marion B. FOLSUM, as Secretary of the Department of Health, Education, and Welfare, Defendant.

United States District Court N. D. West Virginia, at Fairmont.

January 17, 1958.

Attorney(s) appearing for the Case

George R. Farmer and George R. Farmer, Jr., Morgantown, W. Va., for plaintiff.

Albert M. Morgan, U. S. Atty., Fairmont, W. Va., for defendant.

HARRY E. WATKINS, Chief Judge.

The issue here is whether income received by the plaintiff as executrix and trustee under her husband's will constitutes "self-employment income" within the meaning of Section 212 of the Social Security Act, 42 U.S.C.A. § 412. The Appeals Council of the Social Security Administration, Department of Health, Education, and Welfare, reversed a ruling of one of its Referees, and made a finding that such income is not "self-employment...

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