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RHINEHART v. RAILROAD RETIREMENT BOARD

No. 17899.

423 F.2d 522 (1970)

Waldron V. RHINEHART, Petitioner, v. RAILROAD RETIREMENT BOARD of the United States of America, Respondent.

United States Court of Appeals, Third Circuit.

Decided March 16, 1970.

Rehearing Denied April 16, 1970.

Attorney(s) appearing for the Case

Andrew J. Conner, Dunn, Wolford & Sesler, Erie, Pa., for petitioner.

Myles F. Gibbons, Gen. Counsel, Railroad Retirement Board, Chicago, Ill. (David B. Schreiber, Assoc. Gen. Counsel, Charles F. McLaughlin, David D. Lucci, Chicago, Ill., Railroad Retirement Board, of counsel, on the brief), for respondent.

Before FORMAN, SEITZ and ADAMS, Circuit Judges.

OPINION OF THE COURT

FORMAN, Circuit Judge.

This is an appeal by Waldron V. Rhinehart from a decision of the Railroad Retirement Board [Board] denying his petition for a supplemental annuity under the Railroad Retirement Act, 45 U.S.C.A. § 228c(j) (1) [Act].1

The appellant's normal retirement date would have been February 8, 1967, his 65th birthday. However, on February 1, 1966, his job as a wire operator in Erie...

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