Walter Francis John Shelley, Petitioner, v. Railroad Retirement Board, Respondent, 185 F.2d 239 (9th Cir. 1950)

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US Court of Appeals for the Ninth Circuit - 185 F.2d 239 (9th Cir. 1950) November 9, 1950

Charles E. McGinnis, Los Angeles, Cal., for petitioner.

Myles F. Gibbons Gen. Coun., David B. Schreiber, Associate Gen. Coun., Chicago, Ill. (Louis Turner, Ben Diamond, Attorneys, R. R., Ret. Bd., Chicago, Ill., of counsel), for respondent.

Before STEPHENS, BONE and ORR, Circuit Judges.


It appearing that the petition for review in this case is based upon a decision of an intermediate administrative body entitled Appeals Council and not upon an order of the United States Railroad Retirement Board which is an independent agency in the executive branch of the United States Government, Section 10(a) Railroad Retirement Act 1937, 50 Stat. 314, 45 U.S.C.A. § 228j(a), and it further appearing that review can be had only from a decision of the Board the proceeding must be and is dismissed.

Petition dismissed.