Legal Opinion
Gilliam v. Miller
Court of Appeals for the Ninth Circuit
Decided August 21, 1992No. Nos. 91-35085, 91-35115PublishedCited by 17 opinions
1Opinion of the Court
TANG, Circuit Judge:
Jerry Gilmer and Jerry Gilliam, former members of the Oregon Army National Guard (“ORARNG”), appeal the dismissal of their complaints under the federal Administrative Procedures Act (“APA”). Gil-mer and Gilliam claim that the Oregon Adjutant General (“OAG”) acted as a federal agency when he dismissed them from OR-ARNG for violation of federal Army weight control standards, which Oregon law makes applicable to members of OR-ARNG. The district court concluded that the OAG’s action was taken in his capacity as a state officer, rendering the APA inapplicable. Gilmer and…
2Cases cited11 opinions
- Capt. Milbert Mindes v. Dr. Robert C. Seaman, Secretary of the United States Air ForceCourt of Appeals for the Fifth Circuit · 1971
- Perpich v. Department of DefenseSupreme Court of the United States · 1990
- Charles E. Chaudoin v. Clarence E. Atkinson, JrCourt of Appeals for the Third Circuit · 1974
- Charles A. Nesmith v. Clyde E. FultonCourt of Appeals for the Fifth Circuit · 1980
- Tennessee v. DunlapSupreme Court of the United States · 1976
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Southwest Williamson County Community Association, Inc. v. Rodney E. SlaterCourt of Appeals for the Sixth Circuit · 1999
- Hanson v. WyattCourt of Appeals for the Tenth Circuit · 2008
- Archer Frey v. State of California State of California Military DepartmentCourt of Appeals for the Ninth Circuit · 1993
- Lipscomb v. Federal Labor Relations AuthorityCourt of Appeals for the Fifth Circuit · 2003
- Holmes v. California Army National GuardDistrict Court, N.D. California · 1996
12 more not listed; retrieve them via the Exa API.