HEDRICK v. COMMISSIONER OF INTERNAL REVENUE

No. 134.

154 F.2d 90 (1946)

HEDRICK v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

March 15, 1946.


Attorney(s) appearing for the Case

Jeremiah F. Cross, of New York City, for petitioner.

Sewall Key, Acting Asst. Atty. Gen., and A. F. Prescott and Louise Foster, Spec. Assts. to Atty. Gen., for respondent.

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


CHASE, Circuit Judge.

The petitioner is a former employee of the New York Telephone Company who was in 1941 retired from active service pursuant to a notice he received on or about June 10th of that year and who unsuccessfully sought reinstatement to active duty. When he was retired there was, and for some time had been, in effect a pension plan set up by the company under which he was entitled to receive retirement pay and he was given a blank to use in applying...

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