Librada Ortega Hinojos v. Railroad Retirement Board

CAMERON, Circuit Judge.

The question involved in this petition for review of a decision of the Railroad Retirement Board is whether the Board erred in determining that petitioner is not the common-law widow of the deceased insured railroad employee, Luis Hinojos. The determination of marital status must be made, of course, according to the laws of the domicile of the deceased employee, 1 Texas in this case. If petitioner is Hinojos’ widow, she is entitled to the residual lump-sum payment provided by 45 U.S.C.A. § 228e (f) (2) (i).

The following facts are not in dispute: the employee Hinojos…