Joseph R. Hyde v. Walter N. Tobriner

FAHY, Circuit Judge.

Appellant was retired for disability as a member of the Metropolitan Police Department. The retirement officials, ultimately the Commissioners of the District of Columbia, ruled, however, that his disability was due to a disease contracted other than in the performance of duty. This resulted in his retirement annuity being 40% of his basic salary as provided by Section 4-526 of the D.C.Code (1961 ed.) rather than 66%%, as provided by Section 4-527. He sued in the District Court to require the Commissioners to retire him under the more favorable section. Under the Code, as…