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GIVENS v. UNITED STATES R.R. RETIREMENT BD.

Nos. 82-2183 to 82-2185, 82-2312 and 82-2313.

720 F.2d 196 (1983)

Jack C. GIVENS, on behalf of himself and all others similarly situated, Petitioner, v. UNITED STATES RAILROAD RETIREMENT BOARD, Respondent. Walter A. WELLS, on behalf of himself and all others similarly situated, Petitioner, v. UNITED STATES RAILROAD RETIREMENT BOARD, Respondent. James L. ROBBINS, on behalf of himself and all others similarly situated, Petitioner, v. UNITED STATES RAILROAD RETIREMENT BOARD, Respondent. Elmer F. LORMAN, Petitioner, v. UNITED STATES RAILROAD RETIREMENT BOARD, Respondent. Charles E. FORSETH, Petitioner, v. UNITED STATES RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided October 28, 1983.

Attorney(s) appearing for the Case

Gill Deford, Los Angeles, Cal., for petitioners.

Thomas W. Sadler, General Atty., Railroad Retirement Board, Chicago, Ill., with whom Dale G. Zimmerman, General Counsel, and Edward S. Hintzke, Asst. General Counsel, Railroad Retirement Board, Chicago, Ill., were on the brief for respondent.

Before GINSBURG and SCALIA, Circuit Judges, and VAN PELT, Senior District Judge, United States District Court for the District of Nebraska.

Opinion for the Court filed by Senior District Judge VAN PELT.

VAN PELT, Senior District Judge:

Petitioners challenge the application of Section 3(h)(6) of the Railroad Retirement Act (RRA), 45 U.S.C. § 231b(h)(6), by the United States Railroad Retirement Board (the Board) to their individual cases. The Board's interpretation of Section 3(h)(6) resulted in the railroad retirement annuities of petitioners being reduced by the amount of spousal benefits...

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