No. 89-1951.

906 F.2d 355 (1990)

Earl V. REESE, Petitioner, v. RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided June 21, 1990.

Attorney(s) appearing for the Case

John A. Winters, Crookston, Minn., for petitioner.

Marguerite P. Dadabo, Chicago, Ill., for respondent.

Before LAY, Chief Judge, BEAM, Circuit Judge, and WOODS, District Judge.

BEAM, Circuit Judge.

Earl V. Reese petitions under 45 U.S.C. § 355(f) (Supp. V 1987) for judicial review of the Railroad Retirement Board's (the Board) final decision. Reese received a $5,481.30 overpayment of a disability annuity. He requested a waiver of recovery of the overpayment and the accompanying penalty imposed by the Bureau of Hearings and Appeals of the Board. The Board affirmed and adopted an appeal referee...

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