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BURTON v. RAILROAD RETIREMENT BOARD

No. 10165.

187 F.2d 236 (1951)

BURTON v. RAILROAD RETIREMENT BOARD.

United States Court of Appeals Seventh Circuit.

February 20, 1951.

Attorney(s) appearing for the Case

John F. Sembower, E. H. Williams, John M. Leonard, Jr., all of Chicago, Ill., for petitioner.

Myles F. Gibbons, General Counsel, Railroad Retirement Board, Chicago, Ill., David B. Schreiber, Associate General Counsel, Railroad Retirement Board, Chicago, Ill., Louis Turner, Ernest O. Eisenberg, Railroad Retirement Board, Chicago, Ill., of counsel, for respondent.

Before MAJOR, Chief Judge, and DUFFY and LINDLEY, Circuit Judges.

LINDLEY, Circuit Judge.

Petitioner seeks reversal of a decision of the Railroad Retirement Board denying his claim for an annuity under the Railroad Retirement Act 1937, 45 U.S.C.A. §§ 228a-228s. Having exhausted his remedies before the agency preliminarily to perfecting this proceeding, 45 U.S.C.A. Chap. 11, § 355 (f), he contends here that the Board's finding that he was not on leave of absence from employment on August 29, 1935, is not supported...

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