U.S. Court of Appeals for the Fifth Circuit, 1947

Squires v. Railroad Retirement Board

U.S. Court of Appeals for the Fifth Circuit · Decided May 2, 1947

161 F.2d 182; 1947 U.S. App. LEXIS 2748 (Federal Reporter, Second Series)

Counsel

Chas. W. Anderson, of Atlanta, Ga., for petitioner., Myles F. Gibbons, Gen. Counsel, and Alfred H. Myers, Atty., Railroad Retirement Board, both of Chicago, Ill., for respondent*

Cases that cite this one

14 later published cases cite this decision.

Matthew J. Boos v. United States of America, Railroad Retirement Board (5th Cir. 1971)
Mrs. Stella Patton v. Railroad Retirement Board (5th Cir. 1963)
Robert E. Fingar v. United States Railroad Retirement Board (5th Cir. 1968)
Mrs. Ida A. Ladish v. Railroad Retirement Board (5th Cir. 1965)
Librada Ortega Hinojos v. Railroad Retirement Board (5th Cir. 1963)
Walter A. Aldridge, Jr. v. Railroad Retirement Board (5th Cir. 1961)
No. 8310 (4th Cir. 1961)
Murray v. Railroad Retirement Board (4th Cir. 1961)
Gertrude Smith v. Railroad Retirement Board (5th Cir. 1959)
Marr v. Railroad Retirement Board (4th Cir. 1953)
Moore v. Thompson (District Court, S.D. Texas 1953)
Monahan v. Railroad Retirement Board (7th Cir. 1950)
Skinner v. Railroad Retirement Board (7th Cir. 1950)
Dunne v. Railroad Retirement Board (7th Cir. 1950)

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.

Arguing vigorously that upon the record he has brought .mp we should find him wholly and permanently disabled, petitioner presents his case as though, trying it here de novo, we were at liberty to substitute our finding for that of the Board. The decisions have long settled it that the case made before the Board is not retried.1 The decision of the Board is tried if it be in tune with fact and law, that is, if it find support in the evidence and be not based on error of law.2 An examination of the record made before the Board and a testing of its decision under the applicable rule discloses a meticulous concern that petitioner’s case be fully presented and fairly tried, findings based upon a most careful appraisement and weighing of the evidence, and supported thereby, and a decision in accordance with law. We are bound, therefore, under the statute which affords petitioner the review he seeks “to enter upon the pleadings and transcript of the record a decree affirming the decision of the Board.”

Affirmed.

South v. Railroad Retirement Board, 5 Cir., 1942, 131 F.2d 748, certiorari denied 317 U.S. 701, 63 S.Ct. 525, 87 L.Ed. 561; Gardner v. Railroad Retirement Board, 5 Cir., 1945, 148 F.2d 935, certiorari denied 326 U.S. 783, 66 S.Ct 331; Watts v. Railroad Retirement Board, 5 Cir., 1945, 150 F.2d 113; Ellers v. Railroad Retirement Board, 2 Cir., 1943, 132 F.2d 636.

45 U.S.C.A. § 355(1).

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