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PAWELCZAK v. U.S.

No. 90-1222.

931 F.2d 108 (1991)

John A. PAWELCZAK, Petitioner, v. UNITED STATES of America and Railroad Retirement Board, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided April 30, 1991.

As Amended April 30, 1991.

Attorney(s) appearing for the Case

L.F. Walentynowicz, Buffalo, N.Y., for petitioner.

Arthur A. Arfa, Gen. Atty., Railroad Retirement Bd., with whom Edward S. Hintzke, Asst. Gen. Counsel, and Steven A. Bartholow, Deputy Gen. Counsel, Railroad Retirement Bd., were on the brief, Chicago, Ill., for respondents.

Before WALD, BUCKLEY, and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Petitioner John A. Pawelczak ("petitioner") challenges the amount of the Railroad Retirement Board's ("the Board") award of retirement benefits to his parents and of a lump sum death payment ("LSDP") made to petitioner following his father's death. Specifically, petitioner claims that the Board used erroneous compensation figures to derive these benefit amounts. We find, however...

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