Legal Opinion
Thomas C. Smith, Appellant-Petitioner v. Stanley S. Resor, Secretary of the Army, Appellee-Respondent
Court of Appeals for the Second Circuit
Decided January 13, 1969No. 323, Docket 33016PublishedCited by 169 opinions
1Opinion of the Court
IRVING R. KAUFMAN, Circuit Judge:
As in a number of recent cases, we are confronted with the vexatious problem of delineating the proper bounds for judicial review of military decisions affecting persons in the Armed Forces Reserves. Here our task is further complicated because we are asked to decide a question that has been troublesome from the days of Samson to Sergeant Elvis Presley— when is a soldier’s hair too long? Thomas C. Smith appeals from a decision rendered October 9, 1968, by Judge Curtin of the Western District of New York, which denied, after a hearing, his petition for habeas…
2Cases cited13 opinions
- United States Ex Rel. Accardi v. ShaughnessySupreme Court of the United States · 1954
- Service v. DullesSupreme Court of the United States · 1957
- Wilbur v. United States Ex Rel. KadrieSupreme Court of the United States · 1930
- Hammond v. LenfestCourt of Appeals for the Second Circuit · 1968
- Yellin v. United StatesSupreme Court of the United States · 1963
8 more not listed; retrieve them via the Exa API.
3Cited by169 opinions
- Capt. Milbert Mindes v. Dr. Robert C. Seaman, Secretary of the United States Air ForceCourt of Appeals for the Fifth Circuit · 1971
- United States v. Clark Eugene HeffnerCourt of Appeals for the Fourth Circuit · 1970
- Frank D. Jones v. New York State Division of Military and Naval Affairs and New York State Army National GuardCourt of Appeals for the Second Circuit · 1999
- Natural Resources Defense Council, Inc., and the State of New York, Intervenor-Appellant v. Howard H. Callaway, as Secretary of the ArmyCourt of Appeals for the Second Circuit · 1975
- Rafael Montilla v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1991
164 more not listed; retrieve them via the Exa API.