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  5. 696 F.2d 1193 (1983)
 

DENBERG v. U.S. R.R. RETIREMENT BD.

No. 81-2386.

696 F.2d 1193 (1983)

Frances Brahna DENBERG and Albert A. Denberg, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. UNITED STATES of America RAILROAD RETIREMENT BOARD and James L. Cowen, individually and as chairman of the United States of America Railroad Retirement Board, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided January 4, 1983.

As Modified January 5, 1983.

As Amended on Denial of Rehearing and Rehearing May 10, 1983.

Attorney(s) appearing for the Case

Frank A. Rosenfeld, Dept. of Justice, Civ. Div., Washington, D.C., for defendants-appellants.

A. Raymond Randolph, Sharp, Randolph & Green, Washington, D.C., for plaintiffs-appellees.

Before WOOD and POSNER, Circuit Judges, and FOREMAN, Chief Judge.

As Amended on Denial of Rehearing and Rehearing En Banc May 10, 1983.

POSNER, Circuit Judge.

In 1975 Albert Denberg, whose wife Frances is a retired railroad worker, applied to the Railroad Retirement Board for spouse's benefits under the Railroad Retirement Act of 1974, 45 U.S.C. §§ 231 et seq. The Act provides that a husband is eligible for spouse's benefits only if he was receiving at least one half of his support from his wife at the time...

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