___________

No. 96-3119 ___________

Samuel Hernandez, * * Petitioner, * * On Petition for Review of the v. * Decision of the Railroad * Retirement Board. Railroad Retirement Board, * * Respondent. * [UNPUBLISHED]

___________

Submitted: January 6, 1997

Filed: January 10, 1997 ___________

Before BEAM, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges. ___________

PER CURIAM.

Samuel Hernandez petitions this court for review of the final decision of the Railroad Retirement Board that he is no longer entitled to have his annuity calculated under the special guaranty provision of the Railroad Retirement Act. 45 U.S.C. § 231b(f)(3). We find no error of law and conclude the Board's decision is supported by substantial evidence. Accordingly, we affirm. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.