David B. CORTRIGHT, on behalf of himself and others similarly situated, Appellees,
v.
Stanley R. RESOR, Secretary of the Army, Major General Walter M. Higgins, Commanding General of Fort Hamilton Complex, New York, Respondents-Appellants,
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued June 10, 1971.
Decided August 20, 1971.
Attorney(s) appearing for the Case
Frederick H. Cohn, New York City (Martin R. Stolar, New York City, of counsel), for appellees.
Anthony J. Steinmeyer, Atty., Department of Justice, Washington, D. C. (L. Patrick Gray, III, Asst. Atty. Gen., Edward R. Neaher, U. S. Atty., Alan S. Rosenthal, Atty., Department of Justice, of counsel), for appellants.
Before FRIENDLY, Chief Judge, and HAYS and OAKES, Circuit Judges.
United States Court of Appeals, Second Circuit.
FRIENDLY, Chief Judge:
In Orloff v. Willoughby, 345 U.S. 83, 94, 73 S.Ct. 534, 540, 97 L.Ed. 842 (1953), clearly the Supreme Court decision most closely in point, the Court stated it had "found no case where this Court has assumed to revise duty orders as to one lawfully in the [armed] service." So far as has been shown by the research of counsel, that statement remained true, not only for the Supreme Court but for any other civilian...
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