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ELLERS v. LATIMER

No. 739.

44 F.Supp. 822 (1942)

ELLERS v. LATIMER et al.

District Court, N. D. New York.

March 16, 1942.

Attorney(s) appearing for the Case

Homer E. Peters, of Albany, N. Y., for plaintiff.

Lester P. Schoene, Gen. Counsel, Railroad Retirement Board, of Washington, D. C. (Myles F. Gibbons, of New York City, of counsel), for defendants.

COOPER, District Judge.

This is a suit by the plaintiff to have the District Court in this District review the decision of the Railroad Retirement Board denying the plaintiff a pension and to direct the Board to grant the plaintiff a pension under the Railroad Retirement Act of 1937, § 10, 50 Stat. 314, 45 U.S.C.A. § 228j.

The plaintiff moves to strike out certain denials in the defendant's answer as in direct conflict with the proof in the case...

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