Catherine Colange v. Railroad Retirement Board

Ninth Circuit

Catherine Colange v. Railroad Retirement Board

410 F.2d 11, 1969 U.S. App. LEXIS 12814

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 15, 1969

Docket23397

StatusPublished

This text of 410 F.2d 11 (Catherine Colange v. Railroad Retirement Board) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Catherine Colange v. Railroad Retirement Board, 410 F.2d 11, 1969 U.S. App. LEXIS 12814 (9th Cir. 1969).

Pincite

Opinion

PER CURIAM:

This is a petition to review the decision of the Railroad Retirement Board, holding that petitioner, on the date of her application for an annuity filed July 23, 1963, was not a “spouse” as that term is defined in Section 2(f) of the Railroad Retirement Act, 45 U.S.C. § 228b(f).

This section of the Act specifically provides that the term “spouse” shall mean the wife of an annuitant only if such wife meets at least one of three conditions at the time she files her application for a spouse’s annuity. These conditions are: (1) that they were both “members of the same household,” or (2) that she was receiving “regular contributions” from him toward her support, or (3) that he had been ordered by a court to contribute to her support.

The Railroad Retirement Board found on substantial evidence that petitioner had not satisfied any of the three alternatives set forth above.

There is no merit to the petition, and the decision is affirmed.

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