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SMITH v. U.S. R.R. RETIREMENT BD.

No. 95-60433 Summary Calendar.

85 F.3d 224 (1996)

Thomas M. SMITH, Petitioner, v. UNITED STATES RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals, Fifth Circuit.

June 14, 1996.

Attorney(s) appearing for the Case

Chriss Doss, Chriss H. Doss & Associates, Birmingham, AL, for petitioner.

Catherine C. Cook, Steven A. Bartholow, Glen L. Bower, Chairman, Kelli D. Johnson, United States Railroad Retirement Fund, Chicago, IL, for respondent.

Before POLITZ, Chief Judge, and DAVIS and EMILIO M. GARZA, Circuit Judges.

POLITZ, Chief Judge:

Thomas M. Smith petitions for review of the decision of the Railroad Retirement Board affirming a hearing officer's finding that Smith is not entitled to an annuity because he is not disabled from all regular employment. For the reasons assigned we grant the petition for review, reverse the Board's decision, and remand for a setting of the proper annuity and such other relief as may be appropriate.

Background

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