Legal Opinion

Myers v. Parkinson

District Court, E.D. Wisconsin

Decided September 4, 1975No. Civ. A. 73-C-214, 73-C-321PublishedCited by 4 opinions

1Opinion of the Court

DECISION AND ORDER

REYNOLDS, Chief Judge.

These two military habeas corpus cases present similar facts and the same issues for the Court’s consideration. Petitioners allege that by failing to call them to active duty training within 180 days (or approximately 6 months) of their date of enlistment, the Army (1) breached its respective contracts with them and (2) failed to follow its own regulations, thus denying petitioners due process of law. Respondents have moved pursuant to Rules 12(b)(1), 12(b)(2) and 12(b)(6) of the Federal Rules of Civil Procedure, that this Court dismiss petitioners’…

2Cases cited13 opinions

  1. Orloff v. WilloughbySupreme Court of the United States · 1953
  2. In Re GrimleySupreme Court of the United States · 1890
  3. Strait v. LairdSupreme Court of the United States · 1972
  4. Pvt. E2 Donald Jack Anderson, Ng26382581 v. Melvin LairdCourt of Appeals for the Seventh Circuit · 1971
  5. Morse v. BoswellDistrict Court, D. Maryland · 1968

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3Cited by4 opinions

  1. Helton v. United StatesDistrict Court, S.D. Georgia · 1982
  2. Jones v. WatkinsDistrict Court, N.D. Georgia · 1976
  3. Febus Nevárez v. SchlesingerDistrict Court, D. Puerto Rico · 1977
  4. McDonald v. BlackDistrict Court, D. Nebraska · 1986

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