Legal Opinion
Thomas F. Davenport, Sr. v. Railroad Retirement Board
Court of Appeals for the Fifth Circuit
Decided January 6, 1972No. 71-1832PublishedCited by 5 opinions
1Opinion of the Court
SIMPSON, Circuit Judge:
The Railroad Retirement Board (Board) denied the application of Thomas F. Davenport, Sr., (Davenport) for an annuity under the provisions of the Railroad Retirement Act of 1937 (Act), as amended (Title 45, U.S.C., § 228a et seq.), for the sole reason that at the time of his application Davenport was serving as an elected alderman of the City of Macon, Georgia. We find ourselves compelled by the language of the statute and by its legislative history to uphold the denial of Davenport's application. 1
On August 6, 1969, Davenport filed an application for an annuity in which…
2Cases cited2 opinions
- United States v. Charles Martin Bush and John A. Bush, Executors Under the Last Will and Testament of Martin Bush, DeceasedCourt of Appeals for the Third Circuit · 1958
- Burke v. Railroad Retirement BoardCourt of Appeals for the D.C. Circuit · 1947
3Cited by5 opinions
- Frank G. Kurka v. United States Railroad Retirement BoardCourt of Appeals for the Fifth Circuit · 1980
- Claussen v. PenceCourt of Appeals for the Seventh Circuit · 2016
- Peter J. Sallas,petitioner v. Railroad Retirement BoardCourt of Appeals for the Eighth Circuit · 2000
- Matthew Claussen v. Michael PenceCourt of Appeals for the Seventh Circuit · 2016
- Peter Sallas v. RRRBCourt of Appeals for the Eighth Circuit · 2000