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COOPER v. RAILROAD RETIREMENT BOARD

No. 17859.

349 F.2d 453 (1965)

Mary S. COOPER, Petitioner, v. RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals Eighth Circuit.

August 24, 1965.

Attorney(s) appearing for the Case

James P. Rielly of Spayde & Rielly, Oskaloosa, Iowa, made argument for petitioner and filed brief with Robert J. Spayde, Oskaloosa, Iowa.

Myles F. Gibbons, Gen. Counsel, Railroad Retirement Board, Chicago, Ill., made argument for respondent and filed brief with David B. Schreiber, Associate Gen. Counsel, Railroad Retirement Board, Chicago, Ill., and Edward E. Reilly and O. Marvin Funk, Railroad Retirement Board, Chicago, Ill.

Before VOGEL, MATTHES and RIDGE, Circuit Judges.

RIDGE, Circuit Judge.

Petition to review a decision of the Railroad Retirement Board, denying petitioner's application for a widow's insurance annuity made pursuant to § 5(a) of the Railroad Retirement Act (45 U.S. C.A. § 228e(a)) (Act) on the ground that petitioner and the employee were not living together as "members of the same household" at the time of his death. Right to such review is authorized by § 11 of the Act, as amended August 28, 1958....

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