Legal Opinion

Denby v. Berry

Court of Appeals for the D.C. Circuit

Decided March 6, 1922No. 3541PublishedCited by 3 opinions

Appeal from the Supreme Court of the District of Columbia. Petition for mandamus by George A. Berry against Edwin Denby, Secretary of the Navy. From a judgment granting the writ, after demurrer to the answer was sustained, and defendant refused further to plead, defendant appeals.

1Opinion of the Court

VAN ORSDEE, Associate Justice.

Appellee, George A. Berry, plaintiff below, a Eieutenant Commander in the Naval Reserve Force, filed his petition in the Supreme Court of the District of Columbia, ■praying a writ of mandamus to compel the Secretary of the Navy to revoke an order discharging him from the service, and to permit him to have a hearing before a Navy Retiring Board.

It appears that plaintiff, while in the naval service, became disabled and unfit to perform further duty. According to tíie regulations of the Navy Department, he was examined by a Naval Board of Medical Survey, and found…

2Cases cited1 opinion

  1. Weeks v. United States ex rel. CrearyCourt of Appeals for the D.C. Circuit · 1922

3Cited by3 opinions

  1. Patterson v. LambSupreme Court of the United States · 1947
  2. 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
  3. 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

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