LAW.coLAW.co

Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Appellant, v. Louis A. JOUBERT, Appellee

United States Court of Appeals for the Fifth Circuit1964-06-18No. No. 20880
333 F.2d 32

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

PER CURIAM.

The 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.

After 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.

The judgment is affirmed.