Gardner v. Railroad Retirement Board‪.‬

Unsuccessful below on his petition to the district court to set aside an order of the Railroad Retirement Board denying his application for an annuity, appellant is here attacking the order as without support in the evidence, and, therefore, "in violation of a legal right" of his. As plaintiffs had done in similar cases in this and other courts, appellant claims here: (1) that the record before the Board does not support its finding that he had been discharged, and was, therefore, not in an employment relation on August 29, 1935, the critical date; (2) if the record shows a discharge, it shows that the discharge was wrongful and, therefore, ineffective to destroy his employment relation; and (3) that if the record does not sustain his claim, additional evidence is available to sustain it, and the court should have received it. In addition to these claims, appellant, apparently as the basis for some kind of relief, makes the further claim that the Board did not "do its duty in making a thorough investigation of the case instead of only examining the letters and exhibits furnished by the appellant".