Legal Opinion

Donald J. Dibble v. John H. Fenimore, V, Major General, New York Air National Guard, and Secretary of the Air Force F. Whitten Peters

Court of Appeals for the Second Circuit

Decided August 8, 2003No. 00-6243PublishedCited by 25 opinions

1Opinion of the Court

LEVAL, Circuit Judge.

Defendant-appellant John Fenimore is Major General and Commander of the New York Air National Guard (“Air Guard” or “Guard”). Plaintiff-appellee Donald J. Dibble was a staff sergeant with the Air Guard. 1 In late 1994, Dibble was ordered honorably discharged from the Guard and denied the opportunity to reenlist. 2 Following his dismissal (and the unsuccessful pursuit of various intra-mili-tary administrative remedies), Dibble brought this action in the United States District Court for the Northern District of New York (Kahn, /.), claiming that he was unlawfully denied…

2Cases cited39 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Mitchell v. ForsythSupreme Court of the United States · 1985
  3. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  4. Johnson v. JonesSupreme Court of the United States · 1995
  5. Catlin v. United StatesSupreme Court of the United States · 1945

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3Cited by25 opinions

  1. McMahon Ex Rel. the Estate of McMahon v. Presidential Airways, Inc.Court of Appeals for the Eleventh Circuit · 2007
  2. Hanson v. WyattCourt of Appeals for the Tenth Circuit · 2008
  3. Overton v. New York State Division Of Military And Naval AffairsCourt of Appeals for the Second Circuit · 2004
  4. Ice Cream Liquidation, Inc. v. Calip Dairies, Inc. (In Re Ice Cream Liquidation, Inc.)United States Bankruptcy Court, D. Connecticut · 2005
  5. Brezler v. MillsDistrict Court, E.D. New York · 2016

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