Legal Opinion

Harold H. Gearinger, as of the Estate of Royal Barry Shaw v. The United States

United States Court of Claims

Decided July 16, 1969No. 489-54PublishedCited by 26 opinions

1Opinion of the Court

OPINION

DAVIS, Judge.

About three years ago, the court held that Royal Barry Shaw was illegally discharged from the Navy in 1950 as a result of a court-martial conviction which was vitiated by a significant constitutional defect. Shaw v. United States, 357 F.2d 949, 174 Ct.Cl. 899 (1966). 1 We returned the case to the trial commissioner for computation of the amount of back pay and allowances due from the defendant. Commissioner Day, after further proceedings, reported the sum he believed to be owing. That aspect of the litigation was then briefed and argued to the judges (in December 1967),…

2Cases cited10 opinions

  1. Leary v. United StatesSupreme Court of the United States · 1969
  2. Tot v. United StatesSupreme Court of the United States · 1943
  3. United States v. AugenblickSupreme Court of the United States · 1969
  4. United States v. GaineySupreme Court of the United States · 1965
  5. United States v. RomanoSupreme Court of the United States · 1965

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3Cited by26 opinions

  1. Kirby v. United StatesUnited States Court of Claims · 1973
  2. United States v. Turtle Mountain Band of Chippewa IndiansUnited States Court of Claims · 1979
  3. Dilley v. AlexanderCourt of Appeals for the D.C. Circuit · 1980
  4. James W. Clinton v. The United StatesUnited States Court of Claims · 1970
  5. James R. Matias v. The United StatesCourt of Appeals for the Federal Circuit · 1990

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

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