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DOLATA v. RAILROAD RETIREMENT BD.

No. 299, Docket 84-4093.

753 F.2d 4 (1985)

Leon S. DOLATA and Robert A. Dolata, Petitioners, v. RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals, Second Circuit.

Decided January 8, 1985.

Attorney(s) appearing for the Case

Edward J. Taublieb, Buffalo, N.Y. (Barth, Sullivan & Lancaster, Buffalo, N.Y., of counsel), for petitioners.

Marguerite P. Dadabo, General Atty., Railroad Retirement Board, Chicago, Ill. (Steven A. Bartholow, Deputy General Counsel, Edward S. Hintzke, Asst. General Counsel, Railroad Retirement Board, Chicago, Ill., of counsel), for respondent.

Before OAKES and WINTER, Circuit Judges and CLARIE, District Judge.

WINTER, Circuit Judge:

Petitioners Leon S. Dolata and Robert A. Dolata seek review of a decision of the Railroad Retirement Board ("Board") denying them a residual lump-sum death benefit payable to them as survivors of their brother, Michael R. Dolata, under Section 6(c)(1)(v) of the Railroad Retirement Act, 45 U.S.C. § 231e(c)(1)(v) (1982).

We reverse and remand with directions to award them the benefit.

BACKGROUND

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