JOHN W. LORD, Jr., District Judge.
Both parties have filed motions for summary judgment. The facts are uncontroverted. Philip S. Neison, the decedent, was separated from his employment on the Pennsylvania Railroad on January 31, 1941. Pursuant to § 2(c) (1) of the Railroad Retirement Act of 1937, he applied for and was granted an annuity. The Act specifies that an employee shall "be eligible for annuities after they shall have ceased to render compensated service...
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