57 F. Supp. 276 | D.N.J. | 1944
This is an action under Section 11 of the Railroad Retirement Act of 1937,
The plaintiff, formerly an employee of the Pennsylvania Railroad Company, applied t,o the Board for an annuity under the provisions of the said Act. The Board, after an adequate hearing, found that the plaintiff was not an “employee” within the meaning of the Act
The statute invoked by the plaintiff established a compulsory retirement and pension system for the employees of carriers subject to the Interstate Commerce Act, 49 U.S.C.A. § 1 et seq., but its benefits are available only to those persons who were employees within the meaning of the statute on the date of its enactment, to wit, August 29, 1935.
The motion for summary judgment of dismissal is granted, and the defendants shall prepare and submit forthwith, on notice to the plaintiff, a proper order.
“An employee * * * aggrieved may apply to the district court of any district wherein the Board may have established an office * * * to compel the Board (1) to set aside an action or decision of the Board claimed to be in violation of a legal right of the applicant or (2) to take action or to make a decision necessary for tbe enforcement of a legal right of the applicant. Such court shall have jurisdiction to entertain such application and to grant appropriate relief.”
45 U.S.C.A. § 228a (b) and (d).
45 U.S.C.A. § 228b.