Frawley v. Latimer

SMITH, District Judge.

This is an action under Section 11 of the Railroad Retirement Act of 1937,1 45 U.S. C. A. § 228k, to review a decision of the Railroad Retirement Board. The action is before the Court at this time on the motion of the defendants for a summary judgment of dismissal, pursuant to Rule 56 of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

The plaintiff, formerly an employee of the Pennsylvania Railroad Company, applied t,o the Board for an annuity under the provisions of the said Act. The Board, after an adequate hearing, found that the plaintiff was not an…