WAITS v. UNITED STATES R.R. RETIREMENT BD.

No. 83-1198.

729 F.2d 587 (1984)

Edward WAITS, Jr., Petitioner, v. UNITED STATES RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided March 19, 1984.


Attorney(s) appearing for the Case

Steven A. Bartholow, Deputy Gen. Counsel, Railroad Retirement Board, Chicago, Ill., for respondent; Edward S. Hintzke, Asst. Gen. Counsel, Thomas W. Sadler, General Atty., Railroad Retirement Board, Chicago, Ill., of counsel.

Tripper Cronkhite, Little Rock, Ark., for petitioner.

Before HEANEY, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and ARNOLD, Circuit Judge.


HEANEY, Circuit Judge.

Edward Waits appeals from a final decision by the Railroad Retirement Board denying him a disability annuity. Waits argues on appeal that the Board's decision is not supported by substantial evidence, and that the appeals referee failed to allocate the burden of proof properly. We agree and remand to the Board for further proceedings.

Waits was born on November 7, 1933. He graduated from high school and attended business college for...

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