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BOOS v. UNITED STATES, RAILROAD RETIREMENT BOARD

No. 30895 Summary Calendar.

448 F.2d 431 (1971)

Matthew J. BOOS, Petitioner, v. UNITED STATES of America, RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 27, 1971.

Attorney(s) appearing for the Case

David B. Dickenson, Scott & Dickenson, Boca Raton, Fla., for petitioner.

Myles F. Gibbons, Gen. Counsel RR Retirement Bd., Chicago, Ill., Robert Silverstein, Asst. U. S. Atty., Gen. Counsel, RR Retirement Bd., Robert W. Rust, U. S. Atty., Miami, Fla., John N. Mitchell, U. S. Atty. Gen., Dept. of Justice, Washington, D. C., David B. Schreiber, Associate Gen. Counsel, RR Retirement Bd., for respondent; Louis Turner, Asst. Gen. Counsel, Dale G. Zimmerman, Atty., RR Retirement Bd., Chicago, Ill., of counsel.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

COLEMAN, Circuit Judge:

This is a petition, 45 U.S.C. § 228k and 45 U.S.C. § 355(f), to review a decision of the Railroad Retirement Board denying Matthew J. Boos an annuity under the Railroad Retirement Act, 45 U. S.C. § 228a et seq.

Boos was born December 19, 1897. On July 30, 1943, he signed Board Form AA-15, respecting his claimed service before August 29, 1935. This form clearly states that it...

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