South v. Railroad Retirement Board

HUTCHESON, Circuit Judge.

Brought under Section 111 of the Railroad Retirement Act of 1937,2 the suit was to set aside an order of the Railroad Retirement Board 3 denying plaintiff’s application for an annuity. The claim was that the decision of the Board that plaintiff was not entitled to an annuity because he was not on or after August 29, 1935 in the service of, or in an employment relation to, the carrier was erroneous and in violation of the legal right of plaintiff, in that, though, as the Board found, he was discharged in 1930, his discharge was wrongful because of his then total…