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WATTS v. RAILROAD RETIREMENT BOARD

No. 11283.

150 F.2d 113 (1945)

WATTS v. RAILROAD RETIREMENT BOARD.

Circuit Court of Appeals, Fifth Circuit.

June 6, 1945.

Attorney(s) appearing for the Case

Harold Cox, of Jackson, Miss., for appellant.

Myles F. Gibbons, Gen. Counsel, Railroad Retirement Board, and Louis Turner, both of Chicago, Ill. (David B. Schreiber, Asst. Gen. Counsel, and Alfred H. Meyers, both of Chicago, Ill., of counsel), for appellee.

Before SIBLEY, HUTCHESON, and WALLER, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit was under Section 11 of the Railroad Retirement Act of 1937,1 to set aside as clearly and manifestly wrong, that is without evidence to support it, and based upon an erroneous theory of law, the finding and decision of the Railroad Retirement Board, that appellant had not shown his condition "to be such as to constitute total and permanent disability for regular employment for hire within the meaning...

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