Legal Opinion

Montgomery v. Rumsfeld

Court of Appeals for the Ninth Circuit

Decided March 23, 1978No. 76-2905PublishedCited by 138 opinions

1Opinion of the Court

WALLACE, Circuit Judge:

Montgomery and other Army recruits (appellants) appeal the judgment of the district court denying certification of a class under Rule 23, Fed.R.Civ.P., denying their motion to bring in additional plaintiffs by an amended complaint, and dismissing without prejudice their action in which they seek a writ of habeas corpus and other relief to avoid further obligations under their enlistment contracts. We affirm in part, vacate and remand in part.

I. The Facts

Appellants are Army enlisted personnel who allege that in accordance with the terms of their enlistment contracts and…

2Cases cited29 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Weinberger v. SalfiSupreme Court of the United States · 1975
  3. McKart v. United StatesSupreme Court of the United States · 1969
  4. McGee v. United StatesSupreme Court of the United States · 1971
  5. Parisi v. DavidsonSupreme Court of the United States · 1972

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3Cited by138 opinions

  1. Gabriel J. Martinez v. United StatesCourt of Appeals for the Federal Circuit · 2003
  2. Trevor A. Laing v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
  3. Katuria E. Smith Angela Rock Michael Pyle for Themselves and All Others Similarly Situated v. University of Washington, Law School Wallace D. Loh Sandra Madrid Richard Kummert Michael Townsend Roland Hjorth, and Robert Aronson John Junker Jacqueline McMurtrie Eric Schnapper Janet Stearns, Katuria E. Smith Angela Rock Michael Pyle v. The University of Washington Law School, Katuria E. Smith Angela Rock Michael Pyle v. The University of Washington Law School Wallace D. Loh Roland Hjorth Sandra Madrid Richard KummertCourt of Appeals for the Ninth Circuit · 2000
  4. I.A.M. National Pension Fund Benefit Plan C and Alan W. Skolnick v. Stockton Tri IndustriesCourt of Appeals for the D.C. Circuit · 1984
  5. Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation, Plaintiffs v. The Board of Oil and Gas Conservation of the State of MontanaCourt of Appeals for the Ninth Circuit · 1986

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