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RAILROAD BOARD v. DUQUESNE CO.

No. 95.

326 U.S. 446 (1946)

66 S.Ct. 238

90 L.Ed. 192

RAILROAD RETIREMENT BOARD ET AL. v. DUQUESNE WAREHOUSE CO.

Supreme Court of United States.

Decided January 2, 1946.

Attorney(s) appearing for the Case

Mr. Robert L. Stern, with whom Solicitor General McGrath, Messrs. David L. Kreeger, Myles F. Gibbons and David B. Schreiber were on the brief, for the Railroad Retirement Board. Mr. Willard H. McEwen, with whom Messrs. Frank L. Mulholland and Clarence M. Mulholland were on the brief, for the Brotherhood of Railway & Steamship Clerks, etc. et al., petitioner in No. 95 and respondents in No. 103.

Mr. John Dickinson, with whom Messrs. George R. Allen, John Spalding Flannery and R. Aubrey Bogley were on the brief, for the Duquesne Warehouse Company.

Messrs. John J. Hickey and Walter W. Ahrens filed a brief on behalf of the American Warehousemen's Association, as amicus curiae, urging affirmance in No. 95 and reversal in No. 103.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

The Railroad Retirement Act of 1937, 50 Stat. 307, 45 U.S.C. § 228a, established a system of annuity, pension, and death benefits for employees of designated classes of employers. The Railroad Retirement Board adjudicates claims of eligible employees for the various types of benefits created by the Act. § 10 (b). The eligibility of an employee for such benefits is based on service to those included...

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