ATKINS v. R.R. RETIREMENT BD.

C.A. No. 84-5.

654 F.Supp. 685 (1987)

Herman J. ATKINS, John J. Barker, Louis Bertani, et al., Plaintiffs, v. RAILROAD RETIREMENT BOARD, Defendant.

Special Court, Regional Rail Reorganization Act.

February 12, 1987.


Attorney(s) appearing for the Case

Louis Strassberg, New York City, for plaintiffs.

C. Max Vassanelli, U.S. Dept. of Justice, Washington, D.C., for defendant.

Before GASCH, Presiding Judge, and BRYANT and WEINER, JJ.


MEMORANDUM

GASCH, Presiding Judge:

Plaintiffs appeal from the Railroad Retirement Board's decision to deny them benefits under 45 U.S.C. § 797, Section 701 of the Regional Rail Reorganization Act of 1973 ("3R Act") as amended in 1981. The case comes before this Court on plaintiffs' motion for summary judgment and defendant's motion to dismiss, or in the alternative, for summary judgment. For the reasons...

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