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RIVERA v. RAILROAD RETIREMENT BD.

No. 99-71278

262 F.3d 1005 (2001)

Cleto RIVERA, Jr., Petitioner, v. RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 28, 2001

Attorney(s) appearing for the Case

Willie M.J. Curtis, Dean, Melissa Berren, Chris Jenks, Janine Letellier, and Ernest Skinner, Law Students, The University of Arizona, James E. Rogers College of Law, Pro Bono Appellate Project, Tucson, Arizona, Pro Bono, for the petitioner.

Kelli Johnson, Esq., Railroad Retirement Board, Chicago, Illinois, for the respondent.

Before: Frank J. Magill, M. Margaret McKeown, and Raymond C. Fisher, Circuit Judges.

Argued and Submitted May 7, 2001 — Pasadena, California

OPINION

MAGILL, Circuit Judge:

The Railroad Retirement Board's Bureau of Hearings and Appeals upheld the termination of Appellant Cleto Rivera's disabled child's annuity under the Railroad Retirement Act (the "Act"). The Railroad Retirement Board (the "Board") dismissed Rivera's subsequent appeal as untimely. We dismiss for lack of jurisdiction.

I.

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