Walter N. Tobriner v. David Chefer

FAHY, Circuit Judge.

Appellee sued in the District Court for a mandatory injunction to require appellants, the Commissioners of the District of Columbia, to retire him for a disability he alleged had occurred in the performance of his duty as a policeman. He thus claimed the right to be retired under the provisions of Section 4-527, D.C.Code (1961), carrying an annuity of 66%% of his basic salary. The Commissioners, however, had determined that he should be retired for disability incurred other than in the performance of duty and had accordingly applied to his retirement the provisions of…