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BROTHERHOOD OF RAILROAD TRAIN. v. RAILROAD RETIREMENT BD.

No. 17508.

410 F.2d 353 (1969)

BROTHERHOOD OF RAILROAD TRAINMEN ON the MONONGAHELA CONNECTING RAILROAD COMPANY, Petitioner, v. RAILROAD RETIREMENT BOARD, the Monongahela Connecting Railroad Company, Intervenor.

United States Court of Appeals Third Circuit.

Decided May 6, 1969.

Attorney(s) appearing for the Case

T. P. Shearer, Pittsburgh, Pa., for petitioner.

Myles F. Gibbons, Railroad Retirement Board, Chicago, Ill. (David B. Schreiber, Associate Gen. Counsel, Charles F. McLaughlin, Asst. Gen. Counsel, Railroad Retirement Board, Chicago, Ill., on the brief), for respondent.

Joseph A. Katarincic, Kirkpatrick, Lockhart, Johnson & Hutchison, Pittsburgh, Pa. (Hayes C. Stover, Pittsburgh, Pa., on the brief) for intervenor.

Before VAN DUSEN, ALDISERT and STAHL, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This petition seeks review of a decision rendered October 5, 1967, by the Railroad Retirement Board.1 The Board held that all of the payments under a 1923 pension plan, as improved in 1956, of intervenor, The Monongahela Connecting Railroad Company (hereinafter the Company), were "attributable to the employer's contribution" within the meaning of the 1966 amendment to the Railroad...

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