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COOPER v. U.S. R.R. RETIREMENT BD.

No. 92-1080.

977 F.2d 647 (1992)

Denver S. COOPER, Petitioner, v. UNITED STATES RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided October 23, 1992.

Attorney(s) appearing for the Case

Edwin H. Daniels, Sr., argued the cause and filed briefs for petitioner.

Edward S. Hintzke, Asst. Gen. Counsel, argued the cause for the U.S. Railroad Retirement Bd. With him on the brief were Catherine C. Cook, Gen. Counsel, Steven A. Bartholow, Deputy Gen. Counsel, and Rachel L. Simmons, Atty.

Before: RUTH BADER GINSBURG, BUCKLEY, and RANDOLPH, Circuit Judges.

Opinion for the court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

This is a petition for review of the decision of the Railroad Retirement Board refusing to waive the recovery of some $40,000 from Denver S. Cooper as reimbursement for occupational disability annuity payments made to him between 1980 and 1984 pursuant to the Railroad Retirement Act and the regulations thereunder.

Cooper began receiving payments in 1977, when his chronic...

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