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SPENCER v. RAILROAD RETIREMENT BOARD

No. 9452.

166 F.2d 342 (1948)

SPENCER v. RAILROAD RETIREMENT BOARD.

Circuit Court of Appeals, Third Circuit.

Decided February 13, 1948.

Attorney(s) appearing for the Case

Leonard F. Markel, Jr., of Norristown, Pa. (McTighe, Markel & Coates, of Norristown, Pa., and Bradford S. Magill and Dean, Magill, Huber & Horrigan, all of New York City, on the brief), for petitioner.

Myles F. Gibbons, of Chicago, Ill. (David B. Schreiber, Associate Gen. Counsel, and Louis Turner and Ernest O. Eisenberg, Attys., Railroad Retirement Board, all of Chicago, Ill., on the brief), for respondent.

Before MARIS, GOODRICH, and O'CONNELL, Circuit Judges.

MARIS, Circuit Judge.

The petitioner, an employee of the Mountain Water Supply Company who retired December 31, 1935, asks us to set aside a decision of the Railroad Retirement Board.1 The Board decided that the petitioner was not entitled to a pension under the Railroad Retirement Act of 1937, 50 Stat. 307, 45 U.S.C.A. § 228a et seq., for any period after October 1, 1937, the cutoff date specified in Section 6(b) of the Act, 45 U...

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