Frederick C. Zangardi v. Walter N. Tobriner, President, Board of D. C. Commissioners

Appellant, a member of the Metropolitan Police Department, was retired under Section 4-526 (D.C.Code, 1961) for disability found not to have been contracted in the performance of duty. On appeal from the District Court’s grant of summary judgment in favor of appel-lees, Board of Commissioners, he urges that he should have been retired at the higher annuity specified by Section 4-527 (D.C.Code, 1961) since the disease which caused his disability was concededly aggravated by the performance of duty. In 1962 subsequent to appellant’s retirement, and therefore not applicable to his case, a new…