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HYDE v. TOBRINER

No. 18059.

329 F.2d 879 (1964)

Joseph R. HYDE, Appellant, v. Walter N. TOBRINER et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided February 27, 1964.

Petition for Rehearing Denied April 15, 1964.

Attorney(s) appearing for the Case

Messrs. Bernard Margolius and Carleton U. Edwards, II, Washington, D. C., with whom Mr. Ralph H. Deckelbaum, Washington, D. C., was on the brief, for appellant.

Mr. John R. Hess, Asst. Corporation Counsel for the District of Columbia, with whom Messrs. Chester H. Gray, Corporation Counsel, Milton D. Korman, Principal Asst. Corporation Counsel, and Hubert B. Pair, Asst. Corporation Counsel, were on the brief, for appellees.

Before EDGERTON, Senior Circuit Judge, and FAHY and BURGER, Circuit Judges.

Petition for Rehearing en Banc Denied April 15, 1964.

FAHY, Circuit Judge.

Appellant was retired for disability as a member of the Metropolitan Police Department. The retirement officials, ultimately the Commissioners of the District of Columbia, ruled, however, that his disability was due to a disease contracted other than in the performance of duty. This resulted in his retirement annuity being 40% of his basic salary as provided by Section 4-526 of the...

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