Legal Opinion

Midgett v. United States

United States Court of Claims

Decided July 18, 1979No. 495-77PublishedCited by 22 opinions

1Opinion of the CourtSmith, Judge

This military benefits case, before us on the parties’ motions for summary judgment, presents a novel and difficult issue of the preclusive effect of a state court in rem judgment on the administrative determinations of the United States Army. It might well be subtitled, "The Battle of the Presumptions.” Inasmuch as the parties have provided the court with very little guidance, the resolution of this factually uncomplicated case has not been easy. We have carefully considered the filings and oral arguments of the parties, and we have conducted our own independent research in reaching our…

2Cases cited33 opinions

  1. United States v. KingSupreme Court of the United States · 1969
  2. Orloff v. WilloughbySupreme Court of the United States · 1953
  3. Byrd v. Blue Ridge Rural Electric Cooperative, Inc.Supreme Court of the United States · 1958
  4. Sanders v. United StatesUnited States Court of Claims · 1979
  5. Harmon v. BruckerSupreme Court of the United States · 1958

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3Cited by22 opinions

  1. Samish Indian Nation v. United StatesCourt of Appeals for the Federal Circuit · 2005
  2. Petro-Hunt, L.L.C. v. United StatesUnited States Court of Federal Claims · 2009
  3. Societa Internazionale Turismo v. Barr (In Re Lockwood)United States Bankruptcy Court, E.D. New York · 1981
  4. Arapahoe County Public Airport Authority v. Federal Aviation AdministrationCourt of Appeals for the Tenth Circuit · 2001
  5. Kejoo Ahn v. Chung KimSupreme Court of New Jersey · 1996

17 more not listed; retrieve them via the Exa API.

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