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SQUIRES v. RAILROAD RETIREMENT BOARD

No. 11831.

161 F.2d 182 (1947)

SQUIRES v. RAILROAD RETIREMENT BOARD.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied May 26, 1947.

Attorney(s) appearing for the Case

Chas. W. Anderson, of Atlanta, Ga., for petitioner.

Myles F. Gibbons, Gen. Counsel, and Alfred H. Myers, Atty., Railroad Retirement Board, both of Chicago, Ill., for respondent.

Before HUTCHESON, McCORD, and WALLER, Circuit Judges.

PER CURIAM.

Arguing vigorously that upon the record he has brought up we should find him wholly and permanently disabled, petitioner presents his case as though, trying it here de novo, we were at liberty to substitute our finding for that of the Board. The decisions have long settled it that the case made before the Board is not retried.1 The decision of the Board is tried if it be in tune with fact and law, that is, if it find support...

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