# Walter A. Aldridge, Jr. v. Railroad Retirement Board

> Court of Appeals for the Fifth Circuit · January 17, 1961 · 285 F.2d 759

URL: https://www.frixlaw.com/law-library/cases/252795

## Case

- **Full name:** Walter A. ALDRIDGE, Jr., Petitioner, v. RAILROAD RETIREMENT BOARD, Respondent
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** January 17, 1961
- **Citations:** 285 F.2d 759; 1961 U.S. App. LEXIS 5554
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Per Curiam, Rives, Wisdom, Wright
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/252795

## Opinion text

PER CURIAM.
The Petitioner asks the Court to set aside a decision of the Railroad Retirement Board that he was not entitled to an annuity under Section 2(a)5 of the Railroad Retirement Act (45 U.S. C.A. § 228b(a), subd. 5. The petitioner contends that: (1) the Board’s decision is not supported by substantial evidence; and, (2) the Board erred in holding that “the test to be applied in determining whether an individual is ‘unable to engage in any regular employment’ [the language of the Act] is not whether he is disabled for service in his usual occupation, but whether he is permanently disabled for any regular and gainful employment, within or without the Railroad industry, which is substantial and not trifling”. Such a case is peculiarly a fact case; we hold that substantial evidence supports the finding. In addition, we find that the Board correctly applied the law to the facts. Squires v. Railroad Retirement Board, 5 Cir., 1947, 161 F.2d 182 ; Watts v. Railroad Retirement Board, 5 Cir., 1945, 150 F.2d 113 . The relief prayed for in the petition for review is therefore denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/252795. Public record. Not legal advice.