Clinton T. Frock and Charles L. Stribling v. United States Railroad Retirement Board

BAUER, Circuit Judge.

These petitions involve the applicability of section 3(h)(6) of the Railroad Retirement Act, 45 U.S.C. § 231b(h)(6), to railroad workers applying for dual benefits fol lowing this court’s decision in Gebbie v. United States Railroad Retirement Board, 631 F.2d 512 (7th Cir. 1980), and the constitutionality of that section if it is applied to these workers. Because we find that section 3(h)(6) was correctly applied and is constitutional, we uphold the Railroad Retirement Board’s decisions denying dual benefits to the petitioners.

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Clinton T. Frock and Charles L. Stribling…