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RAILROAD RETIREMENT BOARD v. BATES

No. 7812.

126 F.2d 642 (1942)

RAILROAD RETIREMENT BOARD v. BATES.

United States Court of Appeals for the District of Columbia.

Decided February 24, 1942.

Attorney(s) appearing for the Case

Mr. Lester P. Schoene, General Counsel, Railroad Retirement Board, of Washington, D. C., for appellant.

Mr. J. M. Souby, with whom Mr. Gregory S. Prince was on the brief, both of Washington, D. C., for appellee.

Before GRONER, Chief Justice, and MILLER and VINSON, Associate Justices.

VINSON, Associate Justice.

Is a person who is receiving a pension under subsection 6(a) of the Railroad Retirement Act of 19371 precluded by that fact alone from becoming eligible for an annuity under section 2? After the Railroad Retirement Board had decided in the affirmative, Miss Bates filed a complaint in the District Court under the authority of section 11, and prayed that the Court set aside the Board's decision on the limited point...

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