Legal Opinion

Richard P. Lavin v. John O. Marsh, Jr., Secretary of the Army of the United States, and the United States Army

Court of Appeals for the Ninth Circuit

Decided May 15, 1981No. 79-4163PublishedCited by 85 opinions

1Opinion of the Court

CHOY, Circuit Judge:

I. Introduction

Richard P. Lavin was a 53-year-old lieutenant colonel in the United States Army Reserve who faced mandatory removal from active service because of an age-based statutory years-of-service limitation. Lavin sought a district court injunction to prevent his removal and to require that the Secretary of the Army review his petition for relief from the mandatory removal provision. The district court found that while Lavin’s claim was deserving of sympathy, it was not supported by statute or by equitable principles. We agree and affirm the district court’s summary…

2Cases cited11 opinions

  1. Federal Crop Ins. Corp. v. MerrillSupreme Court of the United States · 1947
  2. United States Immigration & Naturalization Service v. HibiSupreme Court of the United States · 1973
  3. United States v. Georgia-Pacific CompanyCourt of Appeals for the Ninth Circuit · 1970
  4. Schuster v. CommissionerCourt of Appeals for the Ninth Circuit · 1962
  5. Santiago v. Immigration & Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1975

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3Cited by85 opinions

  1. Sergeant Perry Watkins v. United States ArmyCourt of Appeals for the Ninth Circuit · 1989
  2. United States v. Ven-Fuel, Inc.Court of Appeals for the First Circuit · 1985
  3. Leroy Ellenburg, Plaintiff-Appellant/cross-Appellee. v. Brockway, Inc. & Spellman Cunningham, Defendants-Appellees/cross-AppellantsCourt of Appeals for the Ninth Circuit · 1985
  4. Bollow v. Federal Reserve Bank of San FranciscoCourt of Appeals for the Ninth Circuit · 1981
  5. Donald Law v. Ernst & Young, Etc.Court of Appeals for the First Circuit · 1992

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