Legal Opinion
Bernstein v. Herren
District Court, S.D. New York
Decided January 4, 1956PublishedCited by 17 opinions
1Opinion of the Court
• EDELSTEIN, District Judge.
Plaintiffs, inductees now serving in the Army at Fort Dix, New Jersey, have sued for a declaratory judgment concerning their discharge rights, and have moved for a preliminary injunction restraining the defendant from taking proceedings against them under regulation AR 604-10 (July 29, 1955). The defendant has cross-moved for dismissal under Fed.Rules Civ.Proc. rule 12(b) (6), 28 U.S.C.A., on the ground that plaintiffs have failed to exhaust their administrative remedies, and under Rule 12(b)(1), on the ground that the person named as defendant is without authority…
2Cases cited24 opinions
- Burns v. WilsonSupreme Court of the United States · 1953
- United States Ex Rel. Toth v. QuarlesSupreme Court of the United States · 1955
- Shaughnessy v. PedreiroSupreme Court of the United States · 1955
- Williams v. FanningSupreme Court of the United States · 1947
- MacAuley v. Waterman Steamship Corp.Supreme Court of the United States · 1946
19 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- American Airlines, Inc. v. Air Line Pilots Ass'n, InternationalDistrict Court, S.D. New York · 1958
- Reed v. FrankeCourt of Appeals for the Fourth Circuit · 1961
- John H. Harmon, III v. Wilber M. Brucker, Individually and as Secretary of the Department of the ArmyCourt of Appeals for the D.C. Circuit · 1957
- Michael Rose Productions v. Loew's IncorporatedDistrict Court, S.D. New York · 1956
- Heyman v. Ar. Winarick, Inc.District Court, S.D. New York · 1958
12 more not listed; retrieve them via the Exa API.