United States v. Charles Martin Bush and John A. Bush, Executors Under the Last Will and Testament of Martin Bush, Deceased

BIGGS, Chief Judge.

This appeal is from a judgment of the district court dismissing an action by the United States to recover moneys paid to the late Martin Bush as annuities under the Railroad Retirement Act of 1937, 50 Stat. 307 as amended by 60 Stat. 722, 65 Stat. 683 and 66 Stat. 777, 45 U.S.C.A. §§ 228a-228y.

Section 2(a) of the Railroad Retirement Act, 45 U.S.C.A. § 228b(a), states as a condition of eligibility that the applicant for an annuity shall have ceased to render compensated service to any person whether a railroad or non-railroad employer. 1

The facts in this case are clear. On…