U.S. Court of Appeals for the Fifth Circuit, 1945

Welborn v. Railroad Retirement Board

Welborn v. Railroad Retirement Board
U.S. Court of Appeals for the Fifth Circuit · Decided October 16, 1945 · Hutcheson, Lee, Sibley
151 F.2d 448 (Federal Reporter, Second Series)

Welborn v. Railroad Retirement Board

Opinion of the Court

PER CURIAM.

A careful examination of the record on which the Board based its decision makes it completely clear that the Board’s findings have a substantial basis in the record and that appellant sought below, and seeks here, not a determination of whether they had, but in effect a trial de novo.

South v. Railroad Retirement Board, 5 Cir., 131 F.2d 748, certiorari denied 317 U.S. 701, 63 S.Ct. 525, 87 L.Ed. 561; and Gardner v. Railroad Retirement Board, 5 Cir., 148 F.2d 935, settle it that this may not be done. On the authority of those cases, the judgment is

Affirmed.

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