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GARDNER v. RAILROAD RETIREMENT BOARD

No. 11278.

148 F.2d 935 (1945)

GARDNER v. RAILROAD RETIREMENT BOARD.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied May 19, 1945.

Attorney(s) appearing for the Case

Walter E. Jones, of Longview, Tex., for appellant.

Myles F. Gibbons, of Chicago, Ill. (David B. Schreiber, Paul M. Johnson, and Samuel J. Rhinestine, all of Chicago, Ill., of counsel), for appellee.

Before SIBLEY, HUTCHESON, and LEE, Circuit Judges.

HUTCHESON, Circuit Judge.

Unsuccessful below on his petition to the district court to set aside an order of the Railroad Retirement Board denying his application for an annuity, appellant is here attacking the order as without support in the evidence, and, therefore, "in violation of a legal right" of his. As plaintiffs had done in similar cases1 in this and other courts, appellant claims here: (1) that the record before the Board does...

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