Burton v. Railroad Retirement Board

LINDLEY, Circuit Judge.

Petitioner seeks reversal of a decision of the Railroad Retirement Board denying his claim for an annuity under the Railroad Retirement Act 1937, 45 U.S.C.A. §§ 228a- 228a. Having exhausted his remedies before the agency preliminarily to perfecting this proceeding, 45 U.S.C.A. Chap. 11, § 355 (f), he contends here that the Board’s finding that he was not on leave of absence from employment on August 29, 1935, is not supported by the evidence.

Under the pertinent statute, 45 U.S.C.A. § 355(f), the finding, if supported by substantial evidence, in the absence of fraud, is…