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BERTAMINI v. RAILROAD RETIREMENT BOARD

No. 24247.

440 F.2d 278 (1971)

Adam J. BERTAMINI, Petitioner, v. RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided February 23, 1971.

Attorney(s) appearing for the Case

Mr. Theodore E. Lombard, Washington, D. C., for petitioner.

Mr. Dale G. Zimmerman, Atty., Railroad Retirement Board, of the bar of the Supreme Court of Wisconsin, pro hac vice, by special leave of court, with whom Messrs. Myles F. Gibbons, General Counsel, and David B. Schreiber, Associate General Counsel, Railroad Retirement Board, were on the brief, for respondent.

Before WRIGHT and ROBINSON, Circuit Judges, and GORDON, United States District Judge for the Eastern District of Wisconsin.

PER CURIAM:

The Railroad Retirement Board determined that petitioner is not entitled to a disability annuity under Section 2(a) 5 of the Railroad Retirement Act (45 U.S.C. § 228b(a) 5 (1964)), and the question presented by this petition for review is whether substantial evidence supports the Board's finding that petitioner's physical condition is not such that he is "unable to engage in any regular employment." Petitioner has 19 years of service under the Act...

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