Opinion

Fred P. Herbst v. Robert Finch, Secretary of Health, Education and Welfare

  • 473 F.2d 771
  • 1972 U.S. App. LEXIS 6345
Court
Court of Appeals for the Second Circuit
Filed
Dec 11, 1972
Status
Published
Author
Mansfield
On the bench
Friendly, Mansfield, Timbers
Cited by
18 cases

holding it was improper to make excess earnings deduction where corporation did not actually or symbolically set aside funds to pay salary to claimant and neither he nor corporation contemplated payment

How later courts described this case

  • holding it was improper to make excess earnings deduction where corporation did not actually or symbolically set aside funds to pay salary to claimant and neither he nor corporation contemplated payment

Written by the judges who cited it.

The opinion

MANSFIELD, Circuit Judge

(concurring) :

I concur on the second ground asserted in the majority opinion, i. e., that since Herbst’s withholding of his salary was not shown to be exclusively in his own interest, it is deemed to be in the interest of his employer within the meaning of the last sentence of 20 C.F.R. § 404 .-1026(b)(2).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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