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MURPHY v. DALTON

No. 95-3183.

81 F.3d 343 (1996)

Michael A. MURPHY, Appellant, v. John H. DALTON, Secretary of the Navy; General Carl E. Mundy Jr., Commandant of the Marine Corps; Major General Albert C. Harvey, Commanding General, 4th Marine Division; Colonel Jerry L. Creed, Deputy Director, Marine Reserve Support Center, Major Dennis Williams, U.S. Marine Corps Recruiting Center Pittsburgh; Brigadier General Jack W. Klimp, Commanding General, Marine Corps Recruit Depot, Parris Island, Individually and in his official capacity; William J. Perry, Secretary of Defense; and the United States of America, Appellees.

United States Court of Appeals, Third Circuit.

Decided April 11, 1996.

Attorney(s) appearing for the Case

Andrew G. Sykes (argued), Sammuel J. Cordes, Ogg, Jones, Desimone & Ignelsi, L.L.P., Pittsburgh, PA, for Appellant.

Frederick W. Thieman, United States Attorney, Paul J. Brysh (argued), Assistant U.S. Attorney, Pittsburgh, PA, Lt. Susan C. Stewart, JAGC, USN, Department of the Navy, Alexandria, VA, for Appellees.

Before: MANSMANN, COWEN and SEITZ, Circuit Judges.

OPINION OF THE COURT

SEITZ, Circuit Judge.

Michael E. Murphy ("Plaintiff"), formerly a captain in the United States Marine Corps Reserves, initiated an action in the district court challenging, inter alia, the authority of the United States Marine Corps to recall him to active duty, while a member of the Marine Corps Reserves, and to subject him to trial by court-martial for offenses committed during a prior period of active duty in the regular Marines...

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