Legal Opinion
Novak v. Rumsfeld
District Court, N.D. California
Decided March 31, 1976No. C-75-2438, WHOPublishedCited by 18 opinions
1Opinion of the Court
OPINION
ORRICK, District Judge.
Petitioners, Ronald G. Novak and Gary D. Bowie, are currently enlisted in the United States Navy for terms of six years. By petitioning for a writ of habeas corpus they seek to be discharged, alleging that the Navy has materially breached its contractual obligation by failing to place petitioners in a Nuclear Field Training Program. In this era of a volunteer military establishment, modern contract principles apply to military enlistment contracts. Peavy v. Warner, 493 F.2d 748 (5th Cir. 1974); Matzelle v. Pratt, 332 F.Supp. 1010 (E.D.Va.1971). As with any…
2Cases cited3 opinions
- Robert W. Nixon v. Secretary of the Navy, Defendant-RespondentCourt of Appeals for the Second Circuit · 1970
- Peavy v. WarnerCourt of Appeals for the Fifth Circuit · 1974
- Matzelle v. PrattDistrict Court, E.D. Virginia · 1971
3Cited by18 opinions
- Jerome Jablon, M.D. v. United StatesCourt of Appeals for the Ninth Circuit · 1981
- Qualls v. RumsfeldDistrict Court, District of Columbia · 2005
- Calhoun v. United StatesDistrict Court, S.D. California · 1977
- Santos v. FranklinDistrict Court, E.D. Pennsylvania · 1980
- Grulke v. United StatesUnited States Court of Claims · 1981
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