Legal Opinion

Welborn v. Railroad Retirement Board

Court of Appeals for the Fifth Circuit

Decided October 16, 1945No. 11375PublishedCited by 2 opinions

1Per curiam

A careful examination of the record on which the Board based its decision makes it completely clear that the Board’s findings have a substantial basis in the record and that appellant sought below, and seeks here, not a determination of whether they had, but in effect a trial de novo.

South v. Railroad Retirement Board, 5 Cir., 131 F.2d 748, certiorari denied 317 U.S. 701, 63 S.Ct. 525, 87 L.Ed. 561; and Gardner v. Railroad Retirement Board, 5 Cir., 148 F.2d 935, settle it that this may not be done. On the authority of those cases, the judgment is

Affirmed.

2Cases cited2 opinions

  1. South v. Railroad Retirement BoardCourt of Appeals for the Fifth Circuit · 1942
  2. Gardner v. Railroad Retirement BoardCourt of Appeals for the Fifth Circuit · 1945

3Cited by2 opinions

  1. Gertrude Smith v. Railroad Retirement BoardCourt of Appeals for the Fifth Circuit · 1959
  2. Moore v. ThompsonDistrict Court, S.D. Texas · 1953