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FROCK v. UNITED STATES R. R. RETIREMENT BD.

Nos. 81-2187, 81-2637.

685 F.2d 1041 (1982)

Clinton T. FROCK and Charles L. Stribling, Petitioners, v. UNITED STATES RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided August 6, 1982.

Attorney(s) appearing for the Case

Newton G. McCoy, Friedman, Weitzman & Friedman, P.C., St. Louis, Mo., Gill DeFord, Los Angeles, Cal., for petitioners.

Thomas W. Sadler, U. S. R. R. Retirement Bd., Chicago, Ill., for respondent.

Before SPRECHER and BAUER, Circuit Judges, and BONSAL, Senior District Judge.

BAUER, Circuit Judge.

These petitions involve the applicability of section 3(h)(6) of the Railroad Retirement Act, 45 U.S.C. § 231b(h)(6), to railroad workers applying for dual benefits following this court's decision in Gebbie v. United States Railroad Retirement Board, 631 F.2d 512 (7th Cir. 1980), and the constitutionality of that section if it is applied to these workers...

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