SPRAIC v. U.S. R.R. RETIREMENT BD.

No. 83-7908.

735 F.2d 1208 (1984)

Edward H. SPRAIC, Petitioner, v. UNITED STATES RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided June 26, 1984.


Attorney(s) appearing for the Case

Gill DeFord, Nat. Senior Citizens Law Center, Los Angeles, Cal., for petitioner.

Thomas W. Sadler, U.S. R.R. Retirement Bd., Chicago, Ill., for respondent.

Before WRIGHT, FERGUSON, and REINHARDT, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge:

Spraic challenges the decision of the Railroad Retirement Board (Board) denying him dual benefits under the Railroad Retirement and Social Security Acts. He claims the decision rests on a faulty interpretation of section 3(h)(6) of the Railroad Retirement Act, 45 U.S.C. § 231b(h)(6). Alternatively, he argues that, as interpreted, the statute denies him due process and equal protection of the laws.

Two other circuits, the...

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