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

> Court of Appeals for the Second Circuit · December 11, 1972 · 473 F.2d 771

URL: https://www.frixlaw.com/law-library/cases/9459181

## Case

- **Full name:** Fred P. HERBST, Plaintiff-Appellant, v. Robert FINCH, Secretary of Health, Education and Welfare, Defendant-Appellee
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** December 11, 1972
- **Citations:** 473 F.2d 771; 1972 U.S. App. LEXIS 6345
- **Precedential status:** Published
- **Opinion:** Concurrence by Mansfield
- **Judges:** Friendly, Mansfield, Timbers
- **Cited by:** 18 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9459181

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9459181. Public record. Not legal advice.