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ABERNATHY v. RAILROAD RETIREMENT BD.

No. 83-1464.

716 F.2d 529 (1983)

Ira R. ABERNATHY, Petitioner, v. RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided September 9, 1983.

Attorney(s) appearing for the Case

Ethel Schaen, St. Paul, Minn., for Ira R. Abernathy.

Dale G. Zimmerman, Gen. Counsel, Chicago, Ill., Railroad Retirement Bd., for respondent; Edward S. Hintzke, Asst. Gen. Counsel, Karl T. Blank, General Atty., Railroad Retirement Bd., Chicago, Ill., of counsel.

Before ARNOLD, Circuit Judge, HENLEY, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.

PER CURIAM.

Ira R. Abernathy appeals from a decision of the Railroad Retirement Board affirming the decision of its Appeals Referee denying Abernathy's application for an employee disability annuity pursuant to the Railroad Retirement Act. 45 U.S.C. § 231 et seq. The issues on appeal are whether the Board applied the correct legal principles in evaluating the evidence and whether the Board's decision is supported by substantial evidence. We affirm.

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