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COSTELLO v. UNITED STATES R.R. RETIREMENT BD.

No. 84-2373.

780 F.2d 1352 (1985)

Elizabeth M. COSTELLO, Petitioner, v. UNITED STATES RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided December 27, 1985.

Rehearing and Rehearing Denied February 20, 1986.

Attorney(s) appearing for the Case

Sean J. Rice, Minneapolis, Minn., for petitioner.

Karl T. Blank, Chicago, Ill., for respondent.

Before HEANEY, Circuit Judge, BRIGHT, Senior Circuit Judge, and BOWMAN, Circuit Judge.

Rehearing and Rehearing En Banc Denied February 20, 1986.

HEANEY, Circuit Judge.

Elizabeth M. Costello seeks review of the decision of the Railroad Retirement Board ("Board") denying her widow's annuity benefits pursuant to the Railroad Retirement Act of 1974 ("Act" or "Railroad Retirement Act"), 45 U.S.C. §§ 231-231v. We find that the Board erroneously interpreted the Act, and, accordingly, we must reverse.

On October 6, 1981, Costello filed...

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