ALDRIDGE v. RAILROAD RETIREMENT BOARD

No. 18574.

285 F.2d 759 (1961)

Walter A. ALDRIDGE, Jr., Petitioner, v. RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals Fifth Circuit.

January 17, 1961.


Attorney(s) appearing for the Case

Frank W. Donaldson, Birmingham, Ala., for petitioner.

Myles F. Gibbons, Gen. Counsel, David B. Schreiber, Associate Gen. Counsel, of Railroad Retirement Bd., Chicago, Ill., for respondent, Paul M. Johnson, Charles F. McLaughlin, Railroad Retirement Bd., Chicago, Ill., of counsel.

Before RIVES and WISDOM, Circuit Judges, and WRIGHT, District Judge.


PER CURIAM.

The Petitioner asks the Court to set aside a decision of the Railroad Retirement Board that he was not entitled to an annuity under Section 2(a)5 of the Railroad Retirement Act (45 U.S. C.A. § 228b(a), subd. 5. The petitioner contends that: (1) the Board's decision is not supported by substantial evidence; and, (2) the Board erred in holding that "the test to be applied in determining whether an individual is `unable to engage in any regular employment...

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