Abraham RAND, Marion Rand, Plaintiffs-Appellants, v. Louis W. SULLIVAN, Secretary, Defendant-Appellee

ORDER

The memorandum disposition filed December 7, 1990, is redesignated as an opinion authored by Judge Hall.

OPINION

Abraham and Marion Rand (“the Rands”) appeal the district court’s grant of summary judgment in favor of Louis Sullivan, M.D., Secretary of Health and Human Services. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

I

The Rands are the sole stockholders in Institutional Foods of America, a food brokerage business they operate out of their home. Prior to July 1979, Mr. Rand performed most of the duties associated with the operation of the business. In July 1979, upon reaching age 65, Mr. Rand retired because of ill health. His salary dropped to approximately $400 per month. The Rands claim that after Mr. Rand retired, his duties consisted of handling up to three business calls per day, opening the mail, calling in mail orders, and handling correspondence.

Mrs. Rand assumed greater responsibilities for the operation of the business upon her husband’s retirement. She took telephone orders, invoiced accounts, and performed banking and accounting chores. Her salary increased substantially, ranging between $22,900 and $49,000 during the years 1979 to…