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ZANGARDI v. TOBRINER

No. 19138.

348 F.2d 370 (1965)

Frederick C. ZANGARDI, Appellant, v. Walter N. TOBRINER, President, et al., Board of D. C. Commissioners, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided June 22, 1965.

Attorney(s) appearing for the Case

Mr. Norman H. Heller, Washington, D. C., for appellant.

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 appellees.

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

PER CURIAM:

Appellant, a member of the Metropolitan Police Department, was retired under Section 4-526 (D.C.Code, 1961) for disability found not to have been contracted in the performance of duty. On appeal from the District Court's grant of summary judgment in favor of appellees, Board of Commissioners, he urges that he should have been retired at the higher annuity specified by Section 4-527 (D.C.Code, 1961) since the disease which caused his disability was concededly...

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