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WELLS v. POLICE AND FIREFIGHTER'S R. & R. BD.

No. 81-795.

459 A.2d 136 (1983)

Michael Emmett WELLS, Petitioner, v. POLICE AND FIREFIGHTER'S RETIREMENT AND RELIEF BOARD, Respondent.

District of Columbia Court of Appeals.

Decided April 6, 1983.

Attorney(s) appearing for the Case

Gerald C. Baker, Lanham, Md., for petitioner.

Robert E. Deso, with whom Robert E. Greenberg, Washington, D.C., was on the brief, for amicus curiae, Fraternal Order of Police, Metropolitan Police Dept. Labor Committee.

Charles L. Reischel, Deputy Corp. Counsel, Washington, D.C., and Judith W. Rogers, Corp. Counsel, and Diana M. Savit, Assistant Corp. Counsel, Washington, D.C., for respondent.

Before NEWMAN, Chief Judge, and KERN, NEBEKER, MACK, FERREN, PRYOR, BELSON and TERRY, Associate Judges, and KELLY, Associate Judge, Retired.

KELLY, Associate Judge, Retired:

The division decision in this case, which we reaffirm, is reported as Wells v. Police and Firemen's Retirement and Relief Board, 449 A.2d 1079 (D.C.1982). It was vacated by order when rehearing en banc was granted. Id. at 1081-82. For reason of judicial economy, we lead off this en banc opinion by iterating, in large part, what we said in division.

On April 24, 1978, petitioner...

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