Court of Appeals for the Seventh Circuit August 6, 1982, 81-2187, 81-2637 (Clinton T. Frock and Charles L. Stribling v. United States Railroad Retirement Board)

BAUER, Circuit Judge.

These petitions involve the applicability of section 3(h)(6) of the Railroad Retirement Act, 45 U.S.C. § 231b(h)(6), to railroad workers applying for dual benefits fol

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lowing this court’s decision in

Gebbie v. United States Railroad Retirement Board,

631 F.2d 512 (7th Cir. 1980), and the constitutionality of that section if it is applied to these workers.