Legal Opinion
Lee T. Lovallo v. Robert F. Froehlke, Secretary of the Army and Major General John Hightower, Commanding General of Fort Hamilton Complex
Court of Appeals for the Second Circuit
Decided October 3, 1972No. 927, Docket 72-1732PublishedCited by 88 opinions
1Opinion of the Court
GURFEIN, District Judge.
This is a strange case in which both parties have failed to look to our docket, and in consequence have briefed the matter both here and below on an assumption that is directly contrary to the fact of record. To understand this mutual error and its application to the appeal a brief recital of the facts will be in order.
Appellant, Lee T. Lovallo, was ordered to be recalled to active duty by the Army. He brought a petition for mandamus against the Secretary of the Army to enjoin the order upon the ground that his enlistment has expired and that the appellee’s order is…
2Cases cited15 opinions
- Orloff v. WilloughbySupreme Court of the United States · 1953
- Albert H. Carter v. Robert Seamans, Jr., as Secretary of the Air ForceCourt of Appeals for the Fifth Circuit · 1969
- Hammond v. LenfestCourt of Appeals for the Second Circuit · 1968
- Eagles v. United States Ex Rel. SamuelsSupreme Court of the United States · 1946
- Thomas C. Smith, Appellant-Petitioner v. Stanley S. Resor, Secretary of the Army, Appellee-RespondentCourt of Appeals for the Second Circuit · 1969
10 more not listed; retrieve them via the Exa API.
3Cited by88 opinions
- Ellis v. BlumCourt of Appeals for the Second Circuit · 1981
- City of Milwaukee v. SaxbeCourt of Appeals for the Seventh Circuit · 1976
- Billiteri v. United States Board of ParoleCourt of Appeals for the Second Circuit · 1976
- Estate of Watson v. BlumenthalCourt of Appeals for the Second Circuit · 1978
- Dr. Walter A. Cervoni v. Secretary of Health, Education and WelfareCourt of Appeals for the First Circuit · 1978
83 more not listed; retrieve them via the Exa API.