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WINGO v. WASHINGTON

No. 21355.

395 F.2d 633 (1968)

Louie C. WINGO, Appellant, v. Walter E. WASHINGTON et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided May 2, 1968.

Attorney(s) appearing for the Case

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

Mr. Leo N. Gorman, Asst. Corporation Counsel for the District of Columbia, with whom Messrs. Charles T. Duncan, Corporation Counsel, Hubert B. Pair, Principal Asst. Corporation Counsel, and Richard W. Barton, Asst. Corporation Counsel, were on the brief, for appellees.

Before BAZELON, Chief Judge, and FAHY, Senior Circuit Judge, and LEVENTHAL, Circuit Judge.

LEVENTHAL, Circuit Judge:

Appellant Wingo was a member of the District of Columbia Metropolitan Police Force from May 31, 1960, until May 25, 1965, and was involuntarily separated by order of the appellees, District of Columbia Board of Commissioners, on the latter date for "disability * * * not incurred in or aggravated by the performance of duty." The consequence of this holding is that under 4 D.C.Code § 529 (1967) appellant is not entitled to the pension...

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