Opinion

Burke v. Railroad Retirement Board

  • 165 F.2d 24
  • 83 U.S. App. D.C. 40
  • 1947 U.S. App. LEXIS 3733
Court
Court of Appeals for the D.C. Circuit
Filed
Dec 29, 1947
Status
Published
Cited by
5 cases
Authority
More cited than 81.4%

The opinion

PER CURIAM.

This is a petition for review of a decision of the Railroad Retirement Board. 52 Stat. 1100 , § 5(f), 45 U.S.C.A. § 355 (f), as amended, 60 Stat. 738 , § 314, 45 U.S.C.A. § 355 (f). The decision requires petitioner to repay a retirement annuity which, the Board found, had been erroneously paid. In his application for the annuity, petitioner stated to the Board that he had “not worked for any other person, institution, or company for compensation” since he left railroad service. He was in fact employed as an assistant clerk of the Orphans’ Court of Allegheny County, Pennsylvania. We have two questions for decision. (1) Was petitioner’s employer a “person” within the meaning of § 2(a), (b), and (d) of the Railroad Retirement Act, 50 Stat. 309 , 310, 45 U.S.C.A. § 228b? 1 We think the Board was right in answering this question in the affirmative. Section 1 (n) of the Act, 50 Stat. 309 , 45 U.S.C.A. § 228a(n), defines “person” as meaning “an individual, a partnership, an association, a joint-stock company, or a corporation.” Where, as here, the context and purpose require, the statutory term “person,” as defined to include “corporation,” includes a governmental body. Ohio v. Helvering, 292 U.S. 360 , 54 S.Ct. 725 , 78 L.Ed. 1307 ; Georgia v. Evans, 316 U.S. 159 , 62 S.Ct. 972 , 86 L.Ed, 1346. (2) Did *25 the evidence before the Board require it, as a matter of law, to find that petitioner was without fault in -obtaining annuity payments and that recovery of them from him would be contrary to the purpose of the Act or would be against equity or good! conscience? 54 Stat. 1100 , § 26, 45 U.S.C.A. § 228i(c). Though the evidence might perhaps have supported findings in petitioner’s favor on these points, if the Board had made such findings, it clearly supports the findings adverse to him which the Board has made, Aifirmed.

Amended in respects not material here, 60 Stat. 727 , 728, 45 U.S.C.A. § 228b.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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