Gertrude Smith v. Railroad Retirement Board

JONES, Circuit Judge.

The Railroad Retirement Board, the respondent here, determined that the petitioner, Mrs. Gertrude Smith, was not eligible for a widow’s annuity under Section 5(a) of the Railroad Retirement Act, 45 U.S.C.A. § 228e(a). Her petition for review of the Board’s decision is before us.

The petitioner and Aaron Q. Smith were married in 1913. He was an employee of the Texas and New Orleans Railroad Company, at San Antonio, Texas, for many years. His last service with the Railroad was on March 3, 1951. On August 11, 1955, Smith filed an application with the Board for an annuity. In…