JOHNSON v. U.S. R.R. RETIREMENT BD.

No. 90-5455.

925 F.2d 1374 (1991)

Claudette P. JOHNSON, Petitioner-Appellant, v. UNITED STATES RAILROAD RETIREMENT BOARD, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 11, 1991.


Attorney(s) appearing for the Case

Gayle Dauscher Clark, Melbourne, Fla., for petitioner-appellant.

Steven A. Bartholow, Karl T. Blank, U.S. R.R. Retirement Bd., Chicago, Ill., for respondent-appellee.

Before FAY and COX, Circuit Judges, and HENDERSON, Senior Circuit Judge.


FAY, Circuit Judge:

Petitioner-appellant Claudette P. Johnson petitions this court to review the decision of the Railroad Retirement Board which terminated her widow's annuity benefits pursuant to the Railroad Retirement Act of 1974 ("Act or "Railroad Retirement Act"), codified as amended at 45 U.S.C. §§ 231-231v (1988). Because we find that the Board erroneously interpreted the Act, we reverse.

BACKGROUND

Mrs. Johnson was born on August...

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