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SMITH v. SMITH

No. 72-1206 Summary Calendar.

459 F.2d 1027 (1972)

James H. SMITH, Plaintiff-Appellant, v. D. M. SMITH, Director of Retirement Claims, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 9, 1972.

Attorney(s) appearing for the Case

James H. Smith, pro se.

James R. Gough, Asst. U. S. Atty., Houston, Tex., Anthony J. P. Farris, U. S. Atty., Charles B. Wolfe, Asst. U. S. Atty., for defendant-appellee.

Before THORNBERRY, COLEMAN and INGRAHAM, Circuit Judges.

PER CURIAM:

This appeal is from the dismissal of appellant's complaint for lack of jurisdiction to review actions of the Railroad Retirement Board. D. M. Smith, the named appellee, is Director of the Bureau of Retirement Claims, the adjudicatory arm of the Railroad Retirement Board (the Board).

The complaint alleges that appellant is presently entitled to the annuity provided by 45 U.S.C. § 228b(a) (5) to persons who are qualified within the meaning of...

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