Lear Eye Clinic, Ltd., et al. - Page 18

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            conclude that these 4 years do not constitute "years of service                               
            with the employer" for purposes of section 415(b)(5).                                         
                  The remaining years in dispute include Brody's 5 years with                             
            Altheimer & Gray.  We apply criteria analogous to those applied                               
            to Lear.  We assume that Brody provided legal services for Brody                              
            Enterprises and for Altheimer & Gray.  Brody owned Brody                                      
            Enterprises, but there is no indication that Brody had an                                     
            ownership interest in Altheimer & Gray.  Brody Enterprises has                                
            shown no relationship between its business operations and those                               
            of Altheimer & Gray.  We think it unlikely that the clients of                                
            Brody Enterprises in Phoenix corresponded with the clients of                                 
            Altheimer & Gray in Chicago.  We have no indication that the                                  
            personnel at Brody Enterprises related in any way with those at                               
            Altheimer & Gray other than, of course, Brody himself.  Indeed,                               
            Brody Enterprises seems to contend that service with any employer                             
            constitutes service with the employer for purposes of section                                 
            415(b)(5), but the language of the statute refutes this                                       
            contention.  The only shred of continuity between Brody                                       
            Enterprises and Altheimer & Gray was the fact that Brody worked                               
            for both.  Accordingly, we conclude that Brody's 5 years with                                 
            Altheimer & Gray do not constitute "years of service with the                                 
            employer" for purposes of section 415(b)(5).                                                  
                  Petitioners contend that section 414(a)(2) anticipates                                  
            circumstances in which service with a predecessor employer must                               






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