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McCOY v. RAILROAD RETIREMENT BD.

No. 90-4573.

935 F.2d 87 (1991)

Huey P. McCOY, Petitioner, v. RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals, Fifth Circuit.

July 10, 1991.

Attorney(s) appearing for the Case

Gordon N. Blackman, Jr. Shreveport, La., for petitioner.

Huey P. McCoy, pro se.

Arthur A. Arfa, Dale Zimmerman, Gen. Counsel, Steven A. Bartholow, Dep. Gen. Counsel, Railroad Retirement Bd., Chicago, Ill., for respondent.

Before SMITH and DUHE, Circuit Judges, and POLOZOLA, District Judge.

JERRY E. SMITH, Circuit Judge:

I.

Huey McCoy was employed from 1955 to 1967 on the Texas and Pacific Railway. From 1969 to 1984 he worked as a custodian in a Louisiana school, until he had to retire for health reasons.

McCoy receives a disability benefit from Louisiana and is eligible for an annuity under the Railroad Retirement Act (the Act), which states that any disability annuity should be calculated as if it were payable under the Social Security...

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