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SMITH v. RAILROAD RETIREMENT BOARD

No. 17498.

267 F.2d 369 (1959)

Gertrude SMITH, Petitioner, v. RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals Fifth Circuit.

May 19, 1959.

Attorney(s) appearing for the Case

Joseph W. (Joe) Burkett, San Antonio, Tex., for petitioner.

Myles F. Gibbons, Gen. Counsel, David B. Schreiber, Associate Gen. Counsel, R. R. Retirement Bd., Chicago, Ill., for respondent. Paul M. Johnson, Richard F. Butler, R. R. Retirement Bd., Chicago, Ill., of counsel.

Before JONES, BROWN and WISDOM, Circuit Judges.

JONES, Circuit Judge.

The Railroad Retirement Board, the respondent here, determined that the petitioner, Mrs. Gertrude Smith, was not eligible for a widow's annuity under Section 5(a) of the Railroad Retirement Act, 45 U.S.C.A. § 228e(a). Her petition for review of the Board's decision is before us.

The petitioner and Aaron Q. Smith were married in 1913. He was an employee of the Texas and New Orleans Railroad Company, at San Antonio, Texas, for many...

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