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SAUNDERS v. POLICE AND FIREMEN'S RETIREMENT

No. 81-198.

444 A.2d 16 (1982)

James B. SAUNDERS, Petitioner, v. POLICE AND FIREMEN'S RETIREMENT AND RELIEF BOARD, Respondent.

District of Columbia Court of Appeals.

Decided March 24, 1982.

Attorney(s) appearing for the Case

Charles W. Halleck, Washington, D. C., for petitioner.

William J. Earl, Jr., Asst. Corp. Counsel, Washington, D. C., with whom Judith W. Rogers, Corp. Counsel, and Charles L. Reischel, Deputy Corp. Counsel, Washington, D. C., were on the brief, for respondent.

Before NEWMAN, Chief Judge, and KERN and PRYOR, Associate Judges.

PER CURIAM:

Petitioner appeals from a decision of the Police and Firemen's Retirement and Relief Board (Board) pursuant to D.C.Code 1973, § 4-530 finding him to have recovered from his disability and thereby terminating his annuity. We conclude that the Board has misallocated the burden of proof and that its findings of fact are not supported by "substantial evidence." We reverse.

Petitioner Saunders was formerly a police officer with the Metropolitan...

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