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BRUNO v. RRB

October 15, 1942

BRUNO
v.
RAILROAD RETIREMENT BOARD



The opinion of the court was delivered by: GIBSON

The court, after hearing and consideration, makes the following Findings of Fact and Conclusions of Law:

Findings of Fact.

 1. On July 20, 1938, Joseph Anthony Bruno, Jr., the Complainant, filed an application for an annuity with the Railroad Retirement Board of the United States, wherein he claimed thirty years service with the Pennsylvania Railroad Company and that he was then an employe of said Company.

 2. On January 10, 1939, the Division of Claims Service of said Retirement Board denied the said claim of the Complainant.

 3. On October 30, 1939, Complainant filed an appeal from said decision with the Appeals Council of said Board, which, on September 30, 1940, sustained the decision of the Division of Claims Service.

 4. On August 29, 1935, the Complainant, Joseph Anthony Bruno, Jr., was not in an employment relation with the Pennsylvania Railroad Company, having been discharged as an employe of that Company on February 9, 1933.

 5. Prior to his appeal from the decision of the Division of Claims Service of said Retirement Board the Complainant was notified that he might appear in person and by counsel before the Appeals Council of the Board, but he did not so appear.

 I.The Complaint herein should be dismissed.

 II. The Railroad Retirement Board not having established an office in this District by its Regulation establishing offices throughout the United States, this court is without jurisdiction in the instant case.

 III. A District Court is without jurisdiction to review decisions of intermediate investigating bodies within the Railroad Retirement Board.

 IV. By Statute and Regulation of the said Retirement Board any person aggrieved by any decision of an intermediate body within the Board has the right to appeal to the Board, and Complainant, not having appealed to it from the decision of the Appeals Council of the Board, cannot have such decision reviewed by any District Court.

 V. The Railroad Retirement Board, as an agency of the United States, has the right to prescribe by Regulation rules for the service of legal process upon it, and service ...


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