U. S. RAILROAD RETIREMENT BD. v. FRITZ

No. 79-870.

449 U.S. 166 (1980)

UNITED STATES RAILROAD RETIREMENT BOARD v. FRITZ.

Supreme Court of United States.

Decided December 9, 1980.


Attorney(s) appearing for the Case

Edwin S. Kneedler argued the cause for appellant. With him on the briefs were Solicitor General McCree, Deputy Solicitor General Geller, Dale G. Zimmerman, Edward S. Hintzke, and James E. Lanter.

Daniel P. Byron argued the cause for appellee. With him on the brief were Phillip A. Terry and Gill Deford.*

Briefs of amici curiae urging affirmance were filed by Jonathan A. Weiss for Legal Services for the Elderly; and by Steven F. Bright and Gary E. Smith for T. W. Smith et al.


JUSTICE REHNQUIST delivered the opinion of the Court.

The United States District Court for the Southern District of Indiana held unconstitutional a section of the Railroad Retirement Act of 1974, 88 Stat. 1305, as amended, 45 U. S. C. § 231 et seq., and the United States Railroad Retirement Board has appealed to this Court pursuant to 28 U. S. C. § 1252. We noted probable jurisdiction. 444 U.S. 1069 (1980).

The 1974 Act fundamentally restructured...

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