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DAVENPORT v. RAILROAD RETIREMENT BOARD

No. 71-1832.

453 F.2d 185 (1972)

Thomas F. DAVENPORT, Sr., Petitioner, v. RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals, Fifth Circuit.

January 6, 1972.

Attorney(s) appearing for the Case

Manley F. Brown, Macon, Ga., for petitioner.

Myles F. Gibbons, Gen. Counsel, R.R. B., Washington, D. C., Dale G. Zimmerman, Atty., R.R.B., Chicago, Ill., David B. Schreiber, Associate Gen. Counsel, R. R.B., for respondent; Louis Turner, Asst. Gen. Counsel, R.R.B., Chicago, Ill., of counsel.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

The Railroad Retirement Board (Board) denied the application of Thomas F. Davenport, Sr., (Davenport) for an annuity under the provisions of the Railroad Retirement Act of 1937 (Act), as amended (Title 45, U.S.C., § 228a et seq.), for the sole reason that at the time of his application Davenport was serving as an elected alderman of the City of Macon, Georgia. We find ourselves compelled by the language of the statute and by its legislative...

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