EMMA v. ARMSTRONG

No. 72-1136.

473 F.2d 656 (1973)

Anthony EMMA, Petitioner-Appellee, v. DeWitt C. ARMSTRONG, III, Brigadier General, United States Army Commanding General, Fort Devens, Massachusetts, et al., Respondents-Appellants.

United States Court of Appeals, First Circuit.

Decided February 1, 1973.


Attorney(s) appearing for the Case

Robert E. Kopp, Atty., Dept. of Justice, with whom E. Grey Lewis, Acting Asst. Atty. Gen., Joseph L. Tauro, U. S. Atty., and Morton Hollander, Atty., Dept. of Justice, were on brief, for respondents-appellants.

Robert J. DeCesaris, Warwick, R. I., for petitioner-appellee.

Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judges.


ALDRICH, Senior Judge.

Emma, an enlisted man, returned from a tour of duty in Vietnam with a pending request for a discharge. At Fort Lewis, Washington, he signed for expenses to proceed to Fort Bliss, Texas, and went home for a month's leave to Rhode Island. The district court found that he did not read what he had signed and thought he was to await his discharge, or further instructions, at home.1 When, after two months, he heard nothing...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases