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HENDERSON v. FLEMMING

No. 18386.

283 F.2d 882 (1960)

Rosalie HENDERSON and Joe N. Poole, as Executors of the Will of Jessie Poole, Deceased, Appellants, v. Arthur S. FLEMMING, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Fifth Circuit.

November 23, 1960.

Attorney(s) appearing for the Case

Calvin Poole, Greenville, Ala., for appellants.

Albert E. Byrne, Asst. U. S. Atty., Hartwell Davis, U. S. Atty., Montgomery, Ala., for appellee.

Before RIVES, Chief Judge, and BROWN and WISDOM, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

The question we have to determine is the one which the Secretary through the decision of the Appeals Council posed:

"Actually, the simple issue as it was aptly stated * * * to the Appeals Council * * * is whether, in order to qualify for social security benefits, this claimant [Mrs. Poole] had to personally supervise her farming operations, or whether such operations could be carried on through

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