Legal Opinion

Major John C. Fairbank v. James R. Schlesinger, Secretary of Defense Major William R. Perry v. Commanding Officer, Headquarters

Court of Appeals for the D.C. Circuit

Decided December 30, 1975No. 73-2136, 74-1287PublishedCited by 6 opinions

1Opinion of the Court

MacKINNON, Circuit Judge:

Appellant originally enlisted in the Regular Army on September 8,1953, for a period of three years. During this enlistment he applied to go to Officer Candidate School, which he completed satisfactorily on March 7, 1955, at which time he was discharged from active duty service as Sergeant E-5 in the Regular Army to accept appointment as a Reserve commissioned officer of the Army (A-46). Appellant thereupon applied and agreed to serve for two years on active duty as a Reserve officer, and, on March 31, 1957, upon completion of that two-year service, he was voluntarily…

2Cases cited5 opinions

  1. Federal Trade Commission v. W. W. Tuttle, Resident Manager, Ernst & ErnstCourt of Appeals for the Second Circuit · 1957
  2. Dillard v. City of Los AngelesCalifornia Supreme Court · 1942
  3. Bellus v. City of EurekaCalifornia Supreme Court · 1968
  4. Fulton County v. HollandCourt of Appeals of Georgia · 1944
  5. City of Tampa v. State Ex Rel. EvansSupreme Court of Florida · 1944

3Cited by6 opinions

  1. Fairbank v. BrownDistrict Court, District of Columbia · 1980
  2. Major William R. Perry v. Commanding Officer, HeadquartersCourt of Appeals for the D.C. Circuit · 1976
  3. Authority Under the Defense Base Closure and Realignment Act to Close or Realign National Guard Installations Without the Consent of State Governors, Department of Justice Office of Legal Counsel2005
  4. Brazier v. Commissioner of Social SecurityDistrict Court, W.D. Washington · 2022
  5. Gaebel v. Commissioner of Social Security AdministrationDistrict Court, D. Arizona · 2022

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