ROBBINS v. U. S. R. R. RETIREMENT BD.

No. 76-4274.

586 F.2d 1034 (1978)

John H. ROBBINS, Petitioner, v. UNITED STATES RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals, Fifth Circuit.

December 22, 1978.


Attorney(s) appearing for the Case

Robert A. Kofkoff, Decatur, Ga., Arthur Leed, Hugh F. O'Connell, for petitioner.

Richard F. Butler, Secretary, U. S. Railroad Retirement Bd., Dale G. Zimmerman, Gen. Counsel, Steven A. Bartholow, Edward S. Hintzke, Attys., Chicago, Ill., for respondent.

Before JONES, GODBOLD and GEE, Circuit Judges.


JONES, Circuit Judge:

The petitioner, John H. Robbins, was employed as a switchtender by the Southern Railway Company in its Atlanta, Georgia yards from October, 1972 until July, 1974. He was absent from work on and for more than thirty days after June 20, 1974. The contract between the railroad and the union of which Robbins was a member provided that "yardmen and switchtenders laying off for more than thirty (30) consecutive days without proper leave of absence...

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