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Legal Opinion

Lewis E. Jones v. Clifford Alexander, Secretary of the Army

Court of Appeals for the Fifth Circuit

Decided February 14, 1980No. 77-2337PublishedCited by 80 opinions

1Opinion of the Court

FAY, Circuit Judge:

Lewis Jones was passed over for promotion by two Army selection boards. He filed this action to prevent his release from active duty and for correction of his mili tary records. The district court denied an injunction and Jones was released. The court then granted the Secretary of the Army’s motion for summary judgment, and Jones appeals. The core issues are whether the Secretary can remedy an improperly constituted promotion board and, if so, whether the Army has taken proper steps to correct the error here. We affirm the grant of summary judgment.

I. FACTS AND PROCEEDINGS

Pe…

2Cases cited23 opinions

  1. Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
  2. Carey v. PiphusSupreme Court of the United States · 1978
  3. Skelly Oil Co. v. Phillips Petroleum Co.Supreme Court of the United States · 1950
  4. Givhan v. Western Line Consolidated School DistrictSupreme Court of the United States · 1979
  5. Albert H. Carter v. Robert Seamans, Jr., as Secretary of the Air ForceCourt of Appeals for the Fifth Circuit · 1969

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3Cited by80 opinions

  1. RANDALL D. WOLCOTT, MD, PA v. SebeliusCourt of Appeals for the Fifth Circuit · 2011
  2. James N. Stephens v. Department of Health and Human Services, Secretary, James N. Stephens v. Terry S. Coleman, Isabel P. DunstCourt of Appeals for the Eleventh Circuit · 1990
  3. First Federal Savings & Loan Ass'n v. BakerCourt of Appeals for the Fourth Circuit · 1988
  4. James B. Stanley v. Central Intelligence Agency United States Department of Defense U.S. ArmyCourt of Appeals for the Fifth Circuit · 1981
  5. Council of and for the Blind of Delaware County Valley, Inc. v. Donald T. Regan, Secretary of the TreasuryCourt of Appeals for the D.C. Circuit · 1983

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