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ROSE v. RAILROAD RETIREMENT BOARD

No. 12074.

396 F.2d 140 (1968)

Scott F. ROSE, Petitioner, v. RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals Fourth Circuit.

Decided May 29, 1968.

Attorney(s) appearing for the Case

David H. Frackelton, Bristol, Va. (H. E. Widener, Jr., and Widener, Widener & Frackelton, Bristol, Va., on brief), for petitioner.

Dale G. Zimmerman, Attorney-Advisor, Railroad Retirement Board (Myles F. Gibbons, General Counsel, David B. Schreiber, Associate General Counsel, and Louis Turner, Atty., Railroad Retirement Board, on the brief), for respondent.

Before HAYNSWORTH, Chief Judge, and SOBELOFF and BRYAN, Circuit Judges.

PER CURIAM:

Appealing from the Railroad Retirement Board's denial of a claimed annuity benefit under 45 U.S.C. §§ 228a-228z-1, petitioner Rose, a former employee of the Southern Railroad, objects to the Board's procedure in determining his eligibility. Benefits are made available under Section 2(a) of the Act to otherwise qualified claimants who "have completed ten years of service." Terms of employment are to be computed from records which the Act requires...

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