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GEBBIE v. UNITED STATES R. R. RETIREMENT BD.

No. 79-1978.

631 F.2d 512 (1980)

Donald P. GEBBIE; Marvin A. Stille; and John M. Holmes, on behalf of themselves and all others similarly situated, Petitioners, v. UNITED STATES RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals, Seventh Circuit.

September 29, 1980.

Attorney(s) appearing for the Case

Gill Deford, Los Angeles, Cal., for petitioners.

Steven A. Bartholow, Chicago, Ill., for respondent.

Before CUMMINGS, PELL and BAUER, Circuit Judges.

PELL, Circuit Judge.

The primary issue presented by these petitions for review of a decision of the Railroad Retirement Board1 is the eligibility of the petitioners for so-called "windfall" or "dual" benefits under the Railroad Retirement Act of 1974. This Act provides for payment of these dual benefits to certain railroaders if they are entitled to spousal benefits under the Social Security Act "as in effect on December 31, 1974." The...

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