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Stark v. Flemming

Ninth Circuit Court of Appeals
283 F.2d 410 (1960)


Facts

Stark (plaintiff) placed her farm and house into a newly formed corporation and began to draw $400 per month as a salary. The corporation was set up to provide Stark with a salary to qualify her for social security benefits. The Secretary of Health, Education and Welfare (the Secretary) (defendant) found that the corporation was a sham and denied old-age benefits to Stark. The district court affirmed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Per Curiam)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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