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253 F.2d 680

Docket No. 12386.

Howatt v. Folsom

Third Circuit Court of Appeals

Argued March 4, 1958.

Decided March 18, 1958.

Third Circuit Court of Appeals · decided 1958-03-18

2 counsel of record

Relies on Livingstone v. Folsom · Lemon v. Druffel

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1958-03-18

How this case has been cited

Cited by 37 later decisions — most recently September 2020 · most notably Roofing & Sheet Metal Services, Inc. v. La Quinta Motor Inns, Inc. (1982), In re Volkswagen of America, Inc. (2008)

20 federal appellate · 1 district · 2 state decisions

13019581960197019801990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Alexander Schamban, Philadelphia, Pa., for appellants.

Henry J. Morgan, Asst. U. S. Atty., Philadelphia, Pa. (Harold K. Wood, U. S. Atty., Philadelphia, Pa., on the brief), for appellee.

Before GOODRICH, McLAUGHLIN and KALODNER, Circuit Judges.

PER CURIAM.

¶1

This is an appeal from a judgment for the defendant rendered by the District Court for the Eastern District of Pennsylvania. The action was one brought for judicial review of the final decision of the Social Security Administration which had denied old age insurance benefits and wife's insurance benefits to David Howatt and Maude O. Howatt, husband and wife. The point in controversy was whether David Howatt during a period in question was employed by his son or by a corporation. It was found that the employer was really the son although a corporation set up by him and others was the ostensible employer. The referee based his finding largely on the testimony of the two Howatts, father and son. The district court concluded that the referee's findings were supported by substantial evidence. We agree that they were and must, therefore, be upheld. Cf. Livingstone v. Folsom, 3 Cir., 1956, 234 F.2d 75, 77.

¶2

The judgment of the district court will be affirmed.

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