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United States Seventh Circuit


Weyerhaeuser Co. v. US R.R. Ret. Bd., 06-3455

Determination of the Railroad Retirement Board that four employees were entitled to retroactive Railroad Retirement Act service credit beyond the four years automatically allowed by statute is reversed where the Board on reconsideration did not consider the only possible exception to the statutory limit, employer fraud. The determination is affirmed in all other respects where the decision was supported by substantial evidence.

Appellate Information

  • Argued 06/01/2007
  • Decided 09/24/2007
  • Published 09/24/2007

Judges

  • MANION, Circuit Judge., Before FLAUM, MANION, and ROVNER, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Kevin M. Sheys (argued), Edward J. Fishman, Kirkpatrick & Lockhart Nicholson Graham, Washington, DC, for Petitioner., C. Burt Newell (argued), Bachelor & Newell, Hot Springs, AR, for Intervenors.

  • For Appellees:
  • Steven A. Bartholow, Karl T. Blank (argued), Railroad Retirement Board Bureau of Law, Chicago, IL, for Respondent.
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