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DESPATCH SHOPS v. RAILROAD RETIREMENT BOARD

60 F.Supp. 106 (1945)

DESPATCH SHOPS, Inc., et al. v. RAILROAD RETIREMENT BOARD et al.

District Court, S. D. New York.

March 16, 1945.

Attorney(s) appearing for the Case

Frederick L. Wheeler, of New York City (Paul Folger, of Rochester, N. Y., and Crosby J. Beakes and Leo Manville, both of New York City, of counsel), for plaintiffs.

Myles F. Gibbons, of Chicago, Ill. (David B. Schreiber, Paul M. Johnson, and Louis Turner, all of Chicago, Ill., of counsel), for defendant.

Samuel J. Cohen, of New York City (Willard H. McEwen, of Toledo, Ohio, of counsel), for intervening defendants.

MANDELBAUM, District Judge.

This action is brought pursuant to Sec. 11 of the Railroad Retirement Act of 1937, 45 U.S.C.A. § 228k, to compel the Railroad Retirement Board to set aside its decision of March 7th, 1944, in Jurisdictional Docket No. 13, holding that Despatch Shops, Inc., is or has been an employer within the meaning of Sec. 1(a) of the Railroad Retirement Act of 1937, 45 U.S.C.A. § 228a(a), and to the extent applicable a carrier within the meaning...

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