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MARGIOTTA v. RAILROAD RETIREMENT BD.

No. 82-4375 Summary Calendar.

703 F.2d 931 (1983)

Salvador MARGIOTTA, Petitioner, v. RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals, Fifth Circuit.

April 25, 1983.

Attorney(s) appearing for the Case

Catherine Leary, New Orleans, La., for petitioner.

Dale G. Zimmerman, Chicago, Ill., General Counsel, Railroad Retirement Bd., Edward S. Hintzke, Evanston, Ill., for respondent.

Before CLARK, Chief Judge, POLITZ and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:

On this appeal from the decision of the Railroad Retirement Board, Salvador Margiotta, who now receives a disability annuity, contends that the Board incorrectly calculated the amount of the annuity. The issue is one of statutory interpretation. We affirm the Board's reading of the Act.

Section 3(f)(3) of the Railroad Retirement Act, 45 U.S.C. § 231b(f)(3), contains the "social security minimum guaranty provision." It says, in part, that:...

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