Legal Opinion
Fioto v. United States Department of the Army
District Court, E.D. New York
Decided January 14, 1976No. 75 C. 44PublishedCited by 3 opinions
1Opinion of the Court
OPINION
Before LUMBARD, Circuit Judge, and BRUCHHAUSEN and BRAMWELL, District Judges. LUMBARD, Circuit Judge.
Louis Fioto, on behalf of himself and all others similarly situated, 1 challenges the constitutionality of 10 U.S.C. § 1331(c) which, in combination with § 1331(a), governs the availability of retirement pay for members of the non-regular military service (i. e., Reserves and National Guard). Pursuant to 28 U.S.C. §§ 2282, 2284 this court was convened to consider plaintiff’s non-frivolous claim.
The facts are undisputed and the parties 2 have filed cross-motions for summary judgment.…
2Cases cited11 opinions
- United States v. SherwoodSupreme Court of the United States · 1941
- Bolling v. SharpeSupreme Court of the United States · 1954
- United States v. KingSupreme Court of the United States · 1969
- Johnson v. RobisonSupreme Court of the United States · 1974
- United States Department of Agriculture v. MorenoSupreme Court of the United States · 1973
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Ernest Francis v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1976
- Alexander v. FiotoSupreme Court of the United States · 1977
- Helton v. United StatesDistrict Court, S.D. Georgia · 1982