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JOHNSON v. U.S. R.R. RETIREMENT BD.

Nos. 90-1243, 90-5380.

969 F.2d 1082 (1992)

Nancy JOHNSON, Petitioner-Appellant, v. UNITED STATES RAILROAD RETIREMENT BOARD, Respondent-Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided July 10, 1992.

Rehearing Denied September 11, 1992.

Attorney(s) appearing for the Case

Gill Deford, with whom Neal S. Dudovitz, Los Angeles, Cal., and Toby S. Edelman, Washington, D.C., were on the brief, for petitioner.

Karl T. Blank, Gen. Atty., R.R. Retirement Bd., Chicago, Ill., and Susan A. Nellor, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., John D. Bates and R. Craig Lawrence, Asst. U.S. Attys., Washington, D.C., Steven A. Bartholow, Deputy Gen. Counsel, and Edward S. Hintzke, Asst. Gen. Counsel, R.R. Retirement Bd., Chicago, Ill., were on the brief, for respondent.

Before MIKVA, Chief Judge, WALD and BUCKLEY, Circuit Judges.

Opinion for the Court filed by Chief Judge MIKVA.

Opinion concurring in part and dissenting in part filed by Circuit Judge BUCKLEY.

MIKVA, Chief Judge:

In a bold challenge to judicial authority, the United States Railroad Retirement Board argues that it is free, when it chooses, to ignore the decisions of United States courts of appeals. Since 1981, the Board has cut off benefits for the spouses and widows of railroad workers after their dependent...

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