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POPE v. RAILROAD RETIREMENT BD.

Nos. 80-2458, 80-2464.

672 F.2d 972 (1982)

Wilhelmina POPE, et al., Appellants, v. RAILROAD RETIREMENT BOARD, et al. Edwin THRASH, et al., Appellants, v. RAILROAD RETIREMENT BOARD, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided March 12, 1982.

Attorney(s) appearing for the Case

Gill Deford, Los Angeles, Cal., with whom Burton D. Fretz and Toby S. Edelman, Washington, D. C., were on the brief for appellants. Edward C. King, Washington, D. C., also entered an appearance for appellants.

Kenneth M. Raisler, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., Washington, D. C., at the time the briefs were filed, and Royce Lamberth, Asst. U. S. Atty., Washington, D. C., were on the brief for appellees.

Before MacKINNON and GINSBURG, Circuit Judges, and PHILIP NICHOLS, Jr., Judge, United States Court of Claims.

Opinion for the Court filed by Judge NICHOLS.

Opinion dissenting in part filed by Circuit Judge GINSBURG.

NICHOLS, Judge:

This consolidated case comes before the court on appeal from an order of the district court denying plaintiffs-appellants' motions for preliminary injunction and class certification. Appellants are annuitants who received alleged overpayments from the defendants-appellees Railroad Retirement Board (board) and who have had their...

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