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DUNCAN v. RAILROAD RETIREMENT BOARD

No. 10676.

375 F.2d 915 (1967)

Russell H. DUNCAN, Petitioner, v. RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals Fourth Circuit.

Decided March 30, 1967.

Attorney(s) appearing for the Case

Lawrence L. Koontz, Jr., Roanoke, Va. (B. Purnell Eggleston and Eggleston, Holton, Butler & Glenn, Roanoke, Va., on brief), for petitioner.

Myles F. Gibbons, Gen. Counsel, Railroad Retirement Board, Chicago, Ill., (David B. Schreiber, Associate Gen. Counsel, Edward E. Reilly and David M. Goldman, Railroad Retirement Board, Chicago, Ill., on brief), for respondent.

Before SOBELOFF, BOREMAN and BRYAN, Circuit Judges.

SOBELOFF, Circuit Judge:

The Railroad Retirement Board denied Russell H. Duncan's application for a total disability annuity under 45 U.S.C.A. § 228b(a) (5) (1954) on the ground that, while the medical testimony established that he was disabled from returning to his former occupation, he was not physically or mentally disqualified from engaging in "any regular employment."1 Duncan contends that the Board did not fulfill its duty under...

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