Legal Opinion

James v. Day

District Court, D. Maine

Decided October 27, 1986No. Civ. 86-0248-PPublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OF DECISION AND ORDER ON DEFENDANT’S MOTION TO DISMISS

GENE CARTER, District Judge.

This case is before the Court on Defendant’s motion to dismiss the complaint for failure to state a claim upon which relief can be granted. For the reasons stated herein, the motion is granted.

Factual Background

The allegations of the complaint, which for the purposes of this motion the Court accepts as true, are as follows. Plaintiff Sylvia A. James is a black woman who enlisted in the Maine Army National Guard (MANG) for a three-year period in 1975. She reenlisted each year between 1978 and 1986. In…

2Cases cited20 opinions

  1. Barbara Davis v. Joseph A. CalifanoCourt of Appeals for the D.C. Circuit · 1980
  2. Taylor v. JonesCourt of Appeals for the Eighth Circuit · 1981
  3. Earl RICE, Plaintiff-Appellant, v. HAMILTON AIR FORCE BASE COMMISSARY, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1983
  4. Johnson v. AlexanderCourt of Appeals for the Eighth Circuit · 1978
  5. Karen A. Cooper v. U.S. Postal ServiceCourt of Appeals for the Ninth Circuit · 1984

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3Cited by4 opinions

  1. Moore v. Pennsylvania Department of Military & Veterans AffairsDistrict Court, E.D. Pennsylvania · 2002
  2. Lopez v. Louisiana National GuardDistrict Court, E.D. Louisiana · 1990
  3. Blong v. Secretary of the ArmyDistrict Court, D. Kansas · 1995
  4. Larking v. EggerDistrict Court, D. Massachusetts · 1987

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