Legal Opinion

James C. Tuggle v. Harold Brown, Secretary of the Air Force

Court of Appeals for the Fifth Circuit

Decided August 11, 1966No. 23463PublishedCited by 17 opinions

1Per curiam

This appeal is from the denial of Airman Tuggle’s motion that the Secretary be temporarily enjoined from granting him an undesirable discharge from the Air Force and from the dismissal of his complaint seeking both a temporary and permanent injunction. Because it ap pears that Appellant has yet to exhaust available post-discharge administrative remedies, following our recent decision in McCurdy v. Zuckert, 5 Cir., 1966, 359 F.2d 491 [Apr. 14, 1966], we hold that resort to the District Court was premature. See Beard v. Stahr, 1962, 370 U.S. 41, 82 S.Ct. 1105, 8 L.Ed.2d 321; Michaelson v.…

2Cases cited6 opinions

  1. J. W. Schwartz, Individually and as Commanding General of the United States Army, Letterman General Hospital v. Napoleon CovingtonCourt of Appeals for the Ninth Circuit · 1965
  2. William B. Ogden v. Eugene M. Zuckert, Secretary of the Air ForceCourt of Appeals for the D.C. Circuit · 1961
  3. Beard v. StahrSupreme Court of the United States · 1962
  4. Rufus R. McCurdy Jr. v. Eugene M. Zuckert, Secretary of the Air ForceCourt of Appeals for the Fifth Circuit · 1966
  5. Reed v. FrankeCourt of Appeals for the Fourth Circuit · 1961

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

3Cited by17 opinions

  1. Capt. Milbert Mindes v. Dr. Robert C. Seaman, Secretary of the United States Air ForceCourt of Appeals for the Fifth Circuit · 1971
  2. Hodges v. CallawayCourt of Appeals for the Fifth Circuit · 1974
  3. Kenneth Wayne Nelson v. Charles K. Miller, Captain, United States Navy, Etc.Court of Appeals for the Third Circuit · 1967
  4. Marie Von Hoffburg v. Clifford Alexander, Etc.Court of Appeals for the Fifth Circuit · 1980
  5. Hodges v. CallawayCourt of Appeals for the Fifth Circuit · 1974

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

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