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ELLERS v. RAILROAD RETIREMENT BOARD

No. 72.

132 F.2d 636 (1943)

ELLERS v. RAILROAD RETIREMENT BOARD.

Circuit Court of Appeals, Second Circuit.

January 6, 1943.

Attorney(s) appearing for the Case

Joseph H. Freehill, General Counsel, and Jacob Abramson, Atty., Railroad Retirement Board, both of Chicago, Ill., for appellant.

Homer E. Peters, of Albany, N. Y., for appellee.

Before L. HAND, SWAN and CHASE, Circuit Judges.

SWAN, Circuit Judge.

The first question is as to the jurisdiction of the district court. Section 11 of the Railroad Retirement Act of 1937, 45 U.S.C.A. § 228k, provides: "An employee or other person aggrieved may apply to the district court of any district wherein the Board may have established an office or to the District Court of the United States for the District of Columbia to compel the Board (1) to set aside an...

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