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BURKE v. RAILROAD RETIREMENT BOARD

No. 9594.

165 F.2d 24 (1947)

BURKE v. RAILROAD RETIREMENT BOARD.

United States Court of Appeals District of Columbia.

Decided December 29, 1947.

Attorney(s) appearing for the Case

Mr. George L. Hart, Jr., of Washington, D. C., with whom Mr. Arthur G. Lambert, of Washington, D. C., was on the brief, for petitioner.

Mr. Louis Turner, of Chicago, Ill., of the Bar of the State of New York, pro hac vice, by special leave of Court, with whom Messrs. Myles F. Gibbons, General Counsel, Railroad Retirement Board, and David B. Schreiber, Associate General Counsel, Railroad Retirement Board, both of Chicago, Ill., were on the brief, for respondent. Mr. Bertram M. Landesman, of Washington, D. C., also entered an appearance for respondent.

Before EDGERTON, CLARK, and PRETTYMAN, Associate Justices.

PER CURIAM.

This is a petition for review of a decision of the Railroad Retirement Board. 52 Stat. 1100, § 5(f), 45 U.S.C.A. § 355(f), as amended, 60 Stat. 738, § 314, 45 U.S.C.A. § 355(f). The decision requires petitioner to repay a retirement annuity which, the Board found, had been erroneously paid. In his application for the annuity, petitioner stated to the Board that he had "not worked for any other person, institution, or company for compensation...

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