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KURKA v. U.S. R. R. RETIREMENT BD.

No. 78-2328.

615 F.2d 246 (1980)

Frank G. KURKA, Petitioner, v. UNITED STATES RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals, Fifth Circuit.

April 8, 1980.

Attorney(s) appearing for the Case

Toole, Taylor, Moseley, Milton & Joyner, Joseph P. Milton, Jacksonville, Fla., for petitioner.

Dale G. Zimmerman, Gen. Counsel, Arthur A. Arfa, Gen. Atty., Railroad Retirement Bd., Chicago, Ill., for respondent.

Before GEE, FAY and VANCE, Circuit Judges.

VANCE, Circuit Judge:

This is a petition for review of the Railroad Retirement Board's decision1 denying petitioner's claim under the Railroad Retirement Act of 1937 as amended, 45 U.S.C.A. § 228a et seq. (1972) (the Act), for employee annuity payments and ordering that he repay $11,779.50 received by him from the Board. The relevant events predated the effective date of the Railroad Retirement Act of 1974, 45 U.S.C. §...

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