Legal Opinion

Edison W. Miller v. John F. Lehman, Jr.

Court of Appeals for the D.C. Circuit

Decided September 19, 1986No. 85-5328PublishedCited by 37 opinions

1Opinion of the Court

Opinion for the court filed by Circuit Judge BUCKLEY.

Opinion concurring in the result filed by Circuit Judge EDWARDS.

BUCKLEY, Circuit Judge:

The government appeals a decision of the district court ordering Secretary of the Navy John Lehman to expunge a letter of censure from the service record of Edison W. Miller, a retired Marine Corps colonel, 603 F.Supp. 164. The letter was issued by one of Lehman’s predecessors, John Warner, and concerned Miller’s conduct while held as a prisoner of war in North Vietnam.

The court reasoned that Secretary Lehman acted arbitrarily in rejecting a finding of…

2Cases cited7 opinions

  1. Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1975
  2. Sanders v. United StatesUnited States Court of Claims · 1979
  3. Environmental Defense Fund, Inc. v. Environmental Protection Agency and William D. Ruckelshaus, AdministratorCourt of Appeals for the D.C. Circuit · 1972
  4. Joseph S. Neal v. Secretary of the Navy and Commandant of the Marine CorpsCourt of Appeals for the Third Circuit · 1981
  5. Richard A. Weiss v. The United StatesUnited States Court of Claims · 1969

2 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Michael Strickland v. United StatesCourt of Appeals for the Federal Circuit · 2005
  2. Defenders of Wildlife v. United States Department of the NavyCourt of Appeals for the Eleventh Circuit · 2013
  3. Calloway v. HarveyDistrict Court, District of Columbia · 2008
  4. Hyman G. Gottlieb v. Federico F. Pena, Secretary of Transportation, Robert L. Gazlay v. Federico F. Pena, Secretary of TransportationCourt of Appeals for the D.C. Circuit · 1994
  5. Mudd v. CalderaDistrict Court, District of Columbia · 1998

32 more not listed; retrieve them via the Exa API.

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