Gregory v. Railroad Retirement Board of the United States

This cause came on to be heard this day on the record, the motion to dismiss filed by appellee, and the briefs and oral arguments of the attorneys for both parties;

And it appearing that the motion to dismiss for lack of jurisdiction, for the reason • that appellant has failed to exhaust his administrative remedies before the Railroad Retirement Board, is well- grounded, see Shelley v. Railroad Retirement Board, 9 Cir., 185 F.2d 239, the motion to dismiss is granted.

Though unnecessary to decision, inasmuch as the appeal is dismissed for lack of jurisdiction, we think it advisable to; say that…