Opinion
No. 11375.
October 16, 1945.
Appeal from the District Court of the United States for the Northern District of Georgia; E. Marvin Underwood, Judge.
Action by Lemuel Eugene Welborn against the Railroad Retirement Board. From an adverse judgment, the plaintiff appeals in forma pauperis.
Affirmed.
Charles W. Anderson, of Atlanta, Ga., for appellant.
Myles F. Gibbons, of Chicago, Ill., for appellee.
Before SIBLEY, HUTCHESON, and LEE, Circuit Judges.
A careful examination of the record on which the Board based its decision makes it completely clear that the Board's findings have a substantial basis in the record and that appellant sought below, and seeks here, not a determination of whether they had, but in effect a trial de novo.
South v. Railroad Retirement Board, 5 Cir., 131 F.2d 748, certiorari denied 317 U.S. 701, 63 S.Ct. 525, 87 L.Ed. 561; and Gardner v. Railroad Retirement Board, 5 Cir., 148 F.2d 935, settle it that this may not be done. On the authority of those cases, the judgment is
Affirmed.