RAILWAY EXPRESS AGENCY v. RAILROAD RETIREMENT BD.

No. 11924.

250 F.2d 832 (1958)

RAILWAY EXPRESS AGENCY, Inc., Petitioner, v. RAILROAD RETIREMENT BOARD, Respondent, Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employees, The Order of Railroad Telegraphers, Railway Labor Executives' Association, Intervenors.

United States Court of Appeals Seventh Circuit.

January 9, 1958.


Attorney(s) appearing for the Case

Elmer F. Slovacek, Chicago, Ill., Fulmer Long, New York City, for petitioner.

Lester P. Schoene, Washington, D. C., Milton Kramer, Washington, D. C., for intervenors.

Myles F. Gibbons, General Counsel, Chicago, Ill., David B. Schreiber, Associate General Counsel, Railroad Retirement Board, Chicago, Ill., Edward E. Reilly, David M. Goldman, Chicago, Ill., of counsel, for respondent.

Before DUFFY, Chief Judge, and FINNEGAN and HASTINGS, Circuit Judges.


DUFFY, Chief Judge.

Railway Express Agency seeks a review of jurisdictional order No. 56-235 of the Railroad Retirement Board dated August 29, 1956, holding that 1) certain classes of individuals rendering service for Express Agency come within the definition of "employee" under the Railroad Retirement Act (45 U.S.C.A. § 228(a-y)), and the Railroad Unemployment Insurance Act (45 U.S.C.A. §§ 351-367) and 2) denying Express Agency's claim for a refund...

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