151 F.2d 448

WELBORN v. RAILROAD RETIREMENT BOARD.

No. 11375.

Circuit Court of Appeals, Fifth Circuit.

Oct. 16, 1945.

Charles W. Anderson, of Atlanta, Ga., for appellant.

Myles F. Gibbons, of Chicago, 111., for appellee.

Before SIBLEY/ HUTCHESON, and LEE, Circuit Judges.

PER 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.

Welborn v. Railroad Retirement Board
151 F.2d 448

Case Details

Name
Welborn v. Railroad Retirement Board
Decision Date
Oct 16, 1945
Citations

151 F.2d 448

Jurisdiction
United States

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