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UNITED STATES v. BUSH

No. 12338.

255 F.2d 791 (1958)

UNITED STATES of America, Appellant, v. Charles Martin BUSH and John A. Bush, Executors Under the Last Will and Testament of Martin Bush, Deceased.

United States Court of Appeals Third Circuit.

Decided June 11, 1958.

Attorney(s) appearing for the Case

Morton Hollander, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Chester A. Weidenburner, U. S. Atty., Newark, N. J., Myles F. Gibbons, Gen. Counsel, Louis Turner, Asst. Gen. Counsel, Ernest O. Eisenberg, Atty., Railroad Retirement Board, Chicago, Ill., on the brief), for appellant.

Charles W. Hutchinson, Jersey City, N. J., for appellees.

Gerald D. Finney, Counsel, Association of American Railroads, and Lester P. Schoene, Counsel, Railway Labor Executives' Ass'n, Washington, D. C., amici curiae and in support of appellant's position.

Before BIGGS, Chief Judge, KALODNER, Circuit Judge, and WRIGHT, District Judge.

BIGGS, Chief Judge.

This appeal is from a judgment of the district court dismissing an action by the United States to recover moneys paid to the late Martin Bush as annuities under the Railroad Retirement Act of 1937, 50 Stat. 307 as amended by 60 Stat. 722, 65 Stat. 683 and 66 Stat. 777, 45 U.S.C.A. §§ 228a-228y.

Section 2(a) of the Railroad Retirement Act, 45 U.S.C.A. § 228b(a), states as a condition of eligibility that the applicant for an...

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