William P. Marmon v. Railroad Retirement Board

LORD, District Judge.

This is a proceeding brought by a former railroad employee seeking an annuity under provisions of the Railroad Retirement Act of 1937, as amended, 45 U.S.C.A. §§ 228a-228y (1952), hereinafter referred to as the “Act.” The Railroad Retirement Board, hereinafter referred to as the “Board,” held that petitioner was not entitled to receive an annuity. Petitioner has appealed to this Court.

Eligibility for an annuity is based upon the employment status of the applicant as defined in the Act. A person must have been an “employee” on or after August 29, 1935, the enactment date,…