HANNA v. RAILROAD RETIREMENT BOARD

No. 83-3604.

738 F.2d 618 (1984)

Moses HANNA, Petitioner, v. RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals, Third Circuit.

Decided July 5, 1984.


Attorney(s) appearing for the Case

Richard D. Hanna, Jefrey F. Carson and Associates Inc., Sugar Land, Tex., for petitioner.

Steven A. Bartholow, Deputy Gen. Counsel, Railroad Retirement Bd., Chicago, Ill., for respondent.

Before ALDISERT, Chief Judge, HIGGINBOTHAM, Circuit Judge, and HUYETT, District Judge.


Submitted Under Third Circuit Rule 12(6) June 22, 1984.

MEMORANDUM OPINION OF THE COURT

ALDISERT, Chief Judge.

Moses Hanna petitions for review of a decision of the Railroad Retirement Board which granted him certain benefits but denied him the full amount requested. Implicated here is an interpretation of § 3(h)(2) of the Railroad Retirement Act of 1974, 45 U.S.C. § 231b(h)(2). This provision is known as the "windfall" entitlement, and...

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