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KIERNAN v. U.S. R.R. RETIREMENT BD.

No. 79-2319.

698 F.2d 1067 (1983)

James P. KIERNAN, Petitioner, v. UNITED STATES RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals, Tenth Circuit.

January 3, 1983.

Attorney(s) appearing for the Case

David S. Knudson of King, Stokes, Knudson & Nitz, Salina, Kan., for petitioner.

Stanley Jay Shuman, Gen. Atty., Railroad Retirement Bd., Chicago, Ill. (Dale G.G. Zimmerman, Gen. Counsel, and Edward S. Hintzke, Asst. Gen. Counsel, Railroad Retirement Bd., Chicago, Ill., were also on brief), for respondent.

Before HOLLOWAY, LOGAN and SEYMOUR, Circuit Judges.

HOLLOWAY, Circuit Judge.

Pursuant to the review provisions of the Railroad Unemployment Insurance Act, 45 U.S.C.A. § 355(f), James P. Kiernan timely petitions for review of a final decision of the Railroad Retirement Board (Board) which found that he could not split his military service time from 1951 to 1970 in order to qualify for benefits under both the Railroad Retirement Act (the Act) and the Social Security Act. The Board reported to the Social Security...

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