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FRAWLEY v. LATIMER

Civil Action No. 3199.

57 F.Supp. 276 (1944)

FRAWLEY v. LATIMER et al.

District Court, D. New Jersey.

June 6, 1944.

Attorney(s) appearing for the Case

Richard Thiele, of Newark, N. J., for plaintiff.

Joseph H. Freehill, Gen. Counsel, Railroad Retirement Board, of Chicago, Ill. (Paul M. Johnson and Sidney B. Jacoby, both of Chicago, Ill., on the brief), for defendants.

SMITH, District Judge.

This is an action under Section 11 of the Railroad Retirement Act of 1937,1 45 U.S. C.A. § 228k, to review a decision of the Railroad Retirement Board. The action is before the Court at this time on the motion of the defendants for a summary judgment of dismissal, pursuant to Rule 56 of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

The plaintiff, formerly an employee of the Pennsylvania...

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