CUNNINGHAM v. RAILROAD RETIREMENT BD.

No. 02-2866.

392 F.3d 567 (2004)

Janet Belczyk CUNNINGHAM Petitioner v. RAILROAD RETIREMENT BOARD.

United States Court of Appeals, Third Circuit.

Filed December 15, 2004.


Attorney(s) appearing for the Case

Michael A. Pavlick, Jamie Bishop, Meghan L. Daugherty (Argued), Kirkpatrick & Lockhart, LLP, Pittsburgh, PA, for Petitioner.

Steven A. Bartholow, Michael C. Litt (Argued), Chicago, IL, for Respondent.

Before RENDELL, FUENTES, and SMITH, Circuit Judges.


FUENTES, Circuit Judge.

Petitioner Janet B. Cunningham appeals a decision of the Railroad Retirement Board ("RRB") denying her motion to reopen her claim for unemployment and sickness insurance benefits following her failure to pursue a timely administrative appeal of a partial denial of benefits. The novel issue for this Court is whether we may review a decision of the RRB refusing to reopen a prior claim for benefits after the time for administrative appeal has...

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