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GORDON v. RAILROAD RETIREMENT BD.

No. 82-1225.

696 F.2d 131 (1983)

Gertrude M. GORDON, Petitioner, v. RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 7, 1983.

As Amended January 12, 1983.

Attorney(s) appearing for the Case

Michael R. Schuster, Washington, D.C. with whom Daniel R. Ohlbaum, Washington, D.C., was on the brief, for petitioner.

Michael Charles Litt, Gen. Atty., Railroad Retirement Bd., Chicago, Ill., with whom Dale G. Zimmerman, Gen. Counsel, and Edward S. Hintzke, Asst. Gen. Counsel, Railroad Retirement Bd., Chicago, Ill., were on the brief, for respondent.

Before MacKINNON and EDWARDS, Circuit Judges and LUTHER M. SWYGERT, Senior Circuit Judge, United States Court of Appeals for the Seventh Circuit.

Opinion PER CURIAM.

PER CURIAM:

By its decision in Docket No. 1813, the Railroad Retirement Board determined that Gertrude Gordon was not the legal widow of Samuel D. Gordon, the insured employee, and was, therefore, not entitled to widow's annuity benefits as authorized by Section 2(d)(1)(i) of the Railroad Retirement Act. 45 U.S.C. § 231a(d). The Board found that Hattie M. Gordon was the legal widow and awarded the benefits to her.

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