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WEYERHAEUSER CO. v. U.S.R.R. RETIREMENT BD.

Nos. 06-3455, 06-3763.

503 F.3d 596 (2007)

WEYERHAEUSER COMPANY, Petitioner and Intervening Respondent, v. UNITED STATES RAILROAD RETIREMENT BOARD, Respondent, and B.B., K.N., G.S., et al., Intervening Respondents and Petitioners.

United States Court of Appeals, Seventh Circuit.

Decided September 24, 2007.

Attorney(s) appearing for the Case

Kevin M. Sheys (argued), Edward J. Fishman, Kirkpatrick & Lockhart Nicholson Graham, Washington, DC, for Petitioner.

Steven A. Bartholow, Karl T. Blank (argued), Railroad Retirement Board Bureau of Law, Chicago, IL, for Respondent.

C. Burt Newell (argued), Bachelor & Newell, Hot Springs, AR, for Intervenors.

Before FLAUM, MANION, and ROVNER, Circuit Judges.

MANION, Circuit Judge.

Under the Railroad Retirement Act ("RRA"), an employee who works for a railroad employer is entitled to benefits based, in part, on the employee's years of service with that employer. The intervening respondents received their paychecks from Weyerhaeuser Company ("Weyerhaeuser"), but they worked for DeQueen and Eastern Railroad ("DeQueen"), which is a subsidiary of Weyerhaeuser. Railroad carriers such as DeQueen are covered employers under the...

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