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RICE v. RAILROAD RETIREMENT BOARD

No. 7959.

271 F.2d 805 (1959)

Mary Rachel RICE, Petitioner, v. RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals Fourth Circuit.

Decided November 16, 1959.

Attorney(s) appearing for the Case

Stanley J. Schapiro, Baltimore, Md., for petitioner.

Paul M. Johnson, Asst. General Counsel, Railroad Retirement Board, Chicago, Ill. (Myles F. Gibbons, General Counsel, David B. Schreiber, Associate General Counsel, and Richard F. Butler, Asst. General Counsel, Railroad Retirement Board, Chicago, Ill., on brief), for respondent.

Before SOPER, HAYNSWORTH, and BOREMAN, Circuit Judges.

PER CURIAM.

This petition seeks to review a decision of the Railroad Retirement Board wherein it was determined that the petitioner, Mary Rachel Rice, was not the widow of the insured railroad employee, Benjamin F. Rice, and therefore was not eligible for a lump sum payment of $440.00 under § 5(f) (1) of the Railroad Retirement Act, 45 U.S.C.A. § 228e(f) (1).

The Board found that the decedent had been previously married to Canzada Rice and had not...

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