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TOBRINER v. O'DONNELL

No. 18317.

336 F.2d 742 (1964)

Walter N. TOBRINER et al., Appellants, v. John J. O'DONNELL, Jr., Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 18, 1964.

Attorney(s) appearing for the Case

Mr. Richard W. Barton, Asst. Corp. Counsel for the District of Columbia, with whom Messrs. Chester H. Gray, Corp. Counsel, Milton D. Korman, Principal Asst. Corp. Counsel, and Hubert B. Pair, Asst. Corp. Counsel, were on the brief, for appellants.

Mr. Joseph B. Calandriello, Washington, D. C., with whom Mr. Joseph Sitnick, Washington, D. C., was on the brief, for appellee.

Before BAZELON, Chief Judge, EDGERTON, Senior Circuit Judge, and WASHINGTON, Circuit Judge.

PER CURIAM:

Appellee became disabled, not in performance of duty, after serving four years and nearly ten months as a member of the Metropolitan Police Department of the District of Columbia. Read in connection with § 4-521(1), D.C.CODE (1961) § 4-526 provides that when a member of the Police or Fire Department "completes five years of police or fire service and is * * * disabled due to injury received or disease contracted other than in the performance...

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