Watts v. Railroad Retirement Board

HUTCHESON, Circuit Judge.

The suit was under Section 11 of the Railroad Retirement Act of 1937,1 to set aside as clearly and manifestly wrong, that is without evidence to support it, and based upon an erroneous theory of law, the finding and decision of the Railroad Retirement Board, that appellant had not shown his condition “to be such as to constitute total and permanent disability for regular employment for hire within the meaning of the Railroad Retirement Act of 1937, and the Board’s regulations”.

The claim was that, on the record before the Board, the plaintiff had, as matter of law,…