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MARR v. RAILROAD RETIREMENT BOARD

No. 6566.

206 F.2d 47 (1953)

MARR v. RAILROAD RETIREMENT BOARD.

United States Court of Appeals Fourth Circuit.

Decided July 9, 1953.

Attorney(s) appearing for the Case

W. M. Styles, Asheville, N. C., for petitioner.

Myles F. Gibbons, Chicago, Ill. (David B. Schreiber, Paul M. Johnson, Chicago, Ill., and Richard F. Butler on the brief), for respondent.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

DOBIE, Circuit Judge.

This is an appeal from a decision of the Railroad Retirement Board denying the petitioner's application for an annuity under the Railroad Retirement Act of 1937, 45 U.S.C.A. §§ 228a-228s, as amended, 45 U.S. C.A. §§ 228a-228y. The pertinent provisions of the Act are found in Sections 2(a) 4 and 2(a) 5, 45 U.S.C.A. §§ 228b(a) 4 and 228b(a) 5.

Section 2(a) 4 provides annuities for otherwise qualified:

...

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