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HINOJOS v. RAILROAD RETIREMENT BOARD

No. 20166.

323 F.2d 227 (1963)

Librada Ortega HINOJOS, Petitioner, v. RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals Fifth Circuit.

September 24, 1963.

Attorney(s) appearing for the Case

Robert H. Hoy, Jr., El Paso, Tex., for petitioner.

Myles F. Gibbons, Gen. Counsel R. R. Retirement Bd., Chicago, Ill. (David B. Schreiber, Associate Gen. Counsel, and Helen V. Dudley, Chicago, Ill., of counsel), for respondent.

Before CAMERON and BROWN, Circuit Judges, and WHITEHURST, District Judge.

CAMERON, Circuit Judge.

The question involved in this petition for review of a decision of the Railroad Retirement Board is whether the Board erred in determining that petitioner is not the common-law widow of the deceased insured railroad employee, Luis Hinojos. The determination of marital status must be made, of course, according to the laws of the domicile of the deceased employee,1 Texas in this case. If petitioner is Hinojos' widow...

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