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UTAH COPPER CO. v. RAILROAD RETIREMENT BOARD

Civil Nos. 248, 278.

41 F.Supp. 763 (1941)

UTAH COPPER CO. et al. v. RAILROAD RETIREMENT BOARD. NEVADA CONSOL. COPPER CORPORATION et al. v. SAME.

District Court, D. Colorado.

August 22, 1941.

Attorney(s) appearing for the Case

In Civil No. 248:

Dickson, Ellis, Parsons & McCrea and C. C. Parsons, all of Salt Lake City, Utah, and Smith, Brock, Akolt & Campbell and Elmer L. Brock, all of Denver, Colo., for plaintiffs.

Lester P. Schoen, of Washington, D. C., for defendant.

Royal R. Irwin, of Denver, Colo., and Mulholland, Robie & McEwen, of Toledo, Ohio, for interveners.

In Civil No. 278:

Dickson, Ellis, Parsons & McCrea and C. C. Parsons, all of Salt Lake City, Utah, Elmer L. Brock, of Denver, Colo., and W. Howard Gray, of Ely, Nev., for plaintiffs.

Lester P. Schoen, of Washington, D. C., for defendant.

Royal R. Irwin, of Denver, Colo., and Mulholland, Robie & McEwen, of Toledo, Ohio, for interveners.

SYMES, District Judge.

These two actions, consolidated and tried together by stipulation, are brought pursuant to § 11 of the Railroad Retirement Act of 1937, 45 U.S.C.A. § 228k, providing that any employee or person aggrieved may apply to the district court of any district wherein the Board may have established an office, (1) to set aside an action or decision of the Board claimed to be in violation of a legal right of the appellant, or (2) to take action...

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