DESPATCH SHOPS v. RAILROAD RETIREMENT BOARD

No. 149.

154 F.2d 417 (1946)

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

Circuit Court of Appeals, Second Circuit.

March 4, 1946.


Attorney(s) appearing for the Case

Paul Folger, of New York City (Frederick L. Wheeler, Crosby J. Beakes, Leo Manville, and Samuel H. Hellenbrand, all of New York City, on the brief), for plaintiffs-appellants.

Myles F. Gibbons, Gen. Counsel, Railroad Retirement Board, of Chicago, Ill. (David B. Schreiber, Asst. Gen. Counsel, and Paul M. Johnson, Louis Turner, and Alfred H. Myers, Attys., Railroad Retirement Board, all of Chicago, Ill., on the brief), for defendant-appellee Railroad Retirement Board.

Willard H. McEwen, of Toledo, Ohio (Frank L. Mulholland, Clarence M. Mulholland, and Mulholland, Robie & McEwen, all of Toledo, Ohio, and Samuel J. Cohen, of New York City, on the brief), for intervening defendants-appellees.

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


CLARK, Circuit Judge.

In the course of its duties to settle claims for benefits under the Railroad Retirement Act of 1937, § 10, 45 U.S.C.A. § 228j, the Railroad Retirement Board found it necessary to determine whether or not Despatch Shops, Inc., was an employer within the meaning of the Act. The Board appointed an examiner who heard testimony from the parties and made his report concluding that Despatch was a covered employer. Thereafter, on considering...

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