Legal Opinion
Fairbank v. Brown
District Court, District of Columbia
Decided December 31, 1980No. Civ. A. No. 77-1801PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION
BARRINGTON D. PARKER, District Judge:
John Fairbank, a Reserve officer1 with 18 years of active duty service challenges *337his involuntary release from the United States Army in 1976. He claims that it was without the personal approval of the Secretary of the Army as required by law and additionally that other required statutory procedures were not observed. He seeks a judgment declaring his involuntary release was null and void in that it violated the applicable statute, 10 U.S.C. § 1163(d), the Army regulations, and the fifth amendment of the United States Constitution. He…
2Cases cited7 opinions
- Cass v. United StatesSupreme Court of the United States · 1974
- Abruzzo v. United StatesUnited States Court of Claims · 1975
- Archibald E. Roberts v. Cyrus R. Vance, Secretary of the ArmyCourt of Appeals for the D.C. Circuit · 1964
- Woodward v. MooreDistrict Court, District of Columbia · 1978
- Major John C. Fairbank v. James R. Schlesinger, Secretary of Defense Major William R. Perry v. Commanding Officer, HeadquartersCourt of Appeals for the D.C. Circuit · 1975
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3Cited by2 opinions
- Sohm v. United StatesUnited States Court of Claims · 1983
- Fleming v. United StatesUnited States Court of Claims · 1983