Gardner v. Railroad Retirement Board

HUTCHESON, Circuit Judge.

Unsuccessful below on his petition to the district court to set aside an order of the Railroad Retirement Board denying his application for an annuity, appellant is here attacking the order as without support in the evidence, and, therefore, “in violation of a legal right” of his. As plaintiffs had done in similar cases1 in this and other courts, appellant claims here: (1) that the record before the Board does not support its finding that he had been discharged, and was, therefore, not in an employment relation on August 29, 1935, the critical date; (2) if the record…