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CARROLL v. TOBRINER

Civ. A. No. 1038-64.

253 F.Supp. 87 (1966)

Adrian S. CARROLL, v. Walter N. TOBRINER, John B. Duncan and Charles M. Duke, Board of District of Columbia Commissioners.

United States District Court District of Columbia.

February 8, 1966.

Attorney(s) appearing for the Case

Bernard Margolius and Carleton U. Edwards, II, Washington, D. C., for plaintiff.

Milton D. Korman, Acting Corp. Counsel, John A. Earnest, Robert A. Redmon, Assts. Corp. Counsel, Washington, D. C., for defendants.

GASCH, District Judge.

This matter came on for hearing on cross-motions for summary judgment. There is no dispute but that plaintiff is entitled to disability retirement. The only issue is whether the disability from which he is presently suffering requires or justifies a determination that it was incurred in line of duty.1 The applicable legislation, D.C.Code § 4-527 (1961 ed., as amended, October 23, 1962) provides in pertinent...

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