ABBRUZZESE v. RAILROAD RETIREMENT BD.

No. 94-9574.

63 F.3d 972 (1995)

Anthony P. ABBRUZZESE, Petitioner, v. RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals, Tenth Circuit.

August 21, 1995.


Attorney(s) appearing for the Case

Anthony P. Abbruzzese, pro se.

Catherine C. Cook, Gen. Counsel and Steven A. Bartholow, Deputy Gen. Counsel (Thomas W. Sadler, Asst. Gen. Counsel and Arthur A. Arfa, Gen. Atty., of counsel), Chicago, IL, for respondent.

Before TACHA, LOGAN, and BRISCOE, Circuit Judges.


TACHA, Circuit Judge.

In September 1972, petitioner Anthony P. Abbruzzese applied for a disability annuity under the Railroad Retirement Act, 45 U.S.C. § 231. The respondent Railroad Retirement Board (Board) granted his application, awarding petitioner a disability annuity beginning December 1, 1971. Petitioner did not appeal the terms or amount of the award.

On July 2, 1993, over twenty years after his annuity award commenced, petitioner corresponded...

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