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KALINA v. RAILROAD RETIREMENT BOARD

No. 75-2256.

541 F.2d 1204 (1976)

Anthony S. KALINA, Petitioner, v. RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided September 13, 1976.

Attorney(s) appearing for the Case

Charles M. Young, Sindell, Sindell, Stern & Guidubaldi, Cleveland, Ohio, for petitioner.

Dale G. Zimmerman, Gen. Counsel, Railroad Retirement Bd., Chicago, Ill., for respondent.

Before PECK and McCREE, Circuit Judges, and McALLISTER, Senior Circuit Judge.

McCREE, Circuit Judge.

This is a petition to review the Railroad Retirement Board's decision that Anthony Kalina is not entitled to a spouse's annuity under the Railroad Retirement Act of 1937, 45 U.S.C. §§ 228a —228z-1 because he did not establish that he was receiving at least one-half of his support from his wife on the date that her annuity as a retired railroad worker began. Petitioner challenged the constitutionality of section 2(f) of the Act...

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