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

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)

Counsel

Charles W. Anderson, of Atlanta, Ga., for appellant., Myles F. Gibbons, of Chicago, 111., for appellee.

Cases that cite this one

2 later published cases cite this decision.

Gertrude Smith v. Railroad Retirement Board (5th Cir. 1959)
Moore v. Thompson (District Court, S.D. Texas 1953)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.