William D. Lovell v. Walter N. Tobriner, Individual Members of the Board of Commissioners of the District of Columbia

Appellant, a District of Columbia fireman, was retired from service by the Police and Firemen’s Retirement and Relief Board on the ground he was disabled from continuing service due to disability resulting from an injury incurred other than in the course of duty. D.C.Code § 4-526 (1961). The order of the Retirement Board was affirmed by the District of Columbia Commissioners. Appellant contends that he was entitled to be retired under D.C.Code § 4-527 (1961) because his disability resulted from injuries incurred in the performance of duty. 1 The District Court granted summary judgment in…