DUQUESNE WAREHOUSE CO. v. RAILROAD RETIREMENT BOARD

No. 138.

148 F.2d 473 (1945)

DUQUESNE WAREHOUSE CO. v. RAILROAD RETIREMENT BOARD (BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYEES et al., Interveners).

Circuit Court of Appeals, Second Circuit.

Writ of Certiorari Granted June 11, 1945.


Attorney(s) appearing for the Case

Joseph H. Freehill, of Chicago, Ill., and Myles F. Gibbons, Gen. Counsel, Railroad Retirement Board, of Washington, D. C., David B. Schreiber, Asst. Gen. Counsel, of Chicago, Ill. (Jacob Abramson and Louis Turner, both of Chicago, Ill., of counsel), for appellant.

Burlingham, Veeder, Clark & Hupper, of New York City (George R. Allen, of Philadelphia, Pa., and Ray Rood Allen and Herbert Mayhew Lord, both of New York City, of counsel), for appellee.

Mulholland, Robie & McEwen, of Toledo, Ohio (Willard H. McEwen, of Toledo, Ohio, and Samuel J. Cohen, of New York City, and Frank L. Mulholland and Clarence M. Mulholland, both of Toledo, Ohio, of counsel), for intervening appellants.

Before CHASE, HUTCHESON, and FRANK, Circuit Judges.


Writ of Certiorari Granted June 11, 1945. See 65 S.Ct. 1558.

HUTCHESON, Circuit Judge.

Brought under Section 111 of the Railroad Retirement Act of 1937,2 the suit was to set aside an order of the Railroad Retirement Board3 that plaintiff within the definition4 of the Act was an employer. The claim was...

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