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KIRKLAND v. RAILROAD RETIREMENT BD.

No. 1136, Docket 82-4201.

706 F.2d 99 (1983)

Mary KIRKLAND, Petitioner, v. RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals, Second Circuit.

Decided April 26, 1983.

Attorney(s) appearing for the Case

Kenneth Kirschner, New York City (Breed, Abbott & Morgan, New York City, of counsel), for petitioner.

Michael C. Litt, Chicago, Ill. (Dale G. Zimmerman, Gen. Counsel, Edward S. Hintzke, Asst. Gen. Counsel, R.R. Retirement Bd., Chicago, Ill., of counsel), for respondent.

Before KAUFMAN, TIMBERS and NEWMAN, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

This case presents the sad circumstances of a seventy-nine year old woman, who, following three decades of marriage, became eligible to collect a widow's annuity. Soon she discovered that the benefits she had received were to be discontinued because the Railroad Retirement Board determined her marriage was void. In addition to the grave consequences of this decision, petitioner has been frustrated in her efforts to challenge the termination...

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