Legal Opinion

Barnett v. Weinberger

Court of Appeals for the D.C. Circuit

Decided May 15, 1987No. 81-2122PublishedCited by 16 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge ROBINSON.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

This appeal stems from a judgment of the District Court dismissing appellant’s action for an injunction permanently barring the Department of Defense from terminating medical benefits for his daughter. We find that the decision to discontinue these benefits rests wholly upon departmental regulations which as interpreted are fatally at odds with the statutory directive they purport to implement. Accordingly, we reverse the judgment and instruct the District Court to issue the injunction sought.

I.…

2Cases cited75 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  3. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  4. Udall v. TallmanSupreme Court of the United States · 1965
  5. Camp v. PittsSupreme Court of the United States · 1973

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3Cited by16 opinions

  1. Reich v. Gateway Press, Inc.Court of Appeals for the Third Circuit · 1994
  2. Sai Kwan Wong Ex Rel. Wong v. DoarCourt of Appeals for the Second Circuit · 2009
  3. Cohen v. Commissioner of the Division of Medical AssistanceMassachusetts Supreme Judicial Court · 1996
  4. Camelot Care Centers, Inc. v. Planters Lifesavers Co.District Court, N.D. Illinois · 1993
  5. Pritt v. United Mine Workers of America 1950 Benefit Plan & TrustDistrict Court, S.D. West Virginia · 1994

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