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TOBRINER v. CHEFER

No. 18273.

335 F.2d 281 (1964)

Walter N. TOBRINER et al., Appellants, v. David CHEFER, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 18, 1964.

Attorney(s) appearing for the Case

Mr. David P. Sutton, 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 appellants.

Mr. John T. McMahon, Washington, D.C., with whom Mr. James M. Schuette, Washington, D. C., was on the brief, for appellee.

Before FAHY, BURGER and McGOWAN, Circuit Judges.

FAHY, Circuit Judge.

Appellee sued in the District Court for a mandatory injunction to require appellants, the Commissioners of the District of Columbia, to retire him for a disability he alleged had occurred in the performance of his duty as a policeman. He thus claimed the right to be retired under the provisions of Section 4-527, D.C.Code (1961), carrying an annuity of 662/3;% of his basic salary. The Commissioners, however, had determined that he should be retired...

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