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JOHNSON v. BOARD OF APPEALS AND REVIEW

Nos. 5634, 5635.

282 A.2d 566 (1971)

Jack I. JOHNSON, Petitioner, v. BOARD OF APPEALS AND REVIEW, Government of the District of Columbia, Respondent. Herbert W. PAXTON, Jr., Petitioner, v. BOARD OF APPEALS AND REVIEW, Government of the District of Columbia, Respondent.

District of Columbia Court of Appeals.

Decided October 6, 1971.

Attorney(s) appearing for the Case

Carleton U. Edwards, II, Washington, D. C., with whom Benjamin Greenspoon, Washington, D. C., was on the briefs, for petitioners.

Leo N. Gorman, Asst. Corp. Counsel, with whom C. Francis Murphy, Corp. Counsel, and Richard W. Barton, Asst. Corp. Counsel, were on the briefs, for respondent.

Before HOOD, Chief Judge, and KELLY and REILLY, Associate Judges.

REILLY, Associate Judge:

Petitioners are former members of the United States Park Service, retired after hearings before the Police and Firemen's Retirement Board (referred to herein as the "Retirement Board") for disabilities not incurred in, nor aggravated by, the performance of duty. In the hearings before the Retirement Board, the officers did not deny that they were "disabled" (i. e., no longer fit to perform duty), but contended that the disability had...

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