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Legal Opinion

Yerxa v. United States

United States Court of Claims

Decided October 14, 1986No. 277-80CPublishedCited by 7 opinions

1Opinion of the Court

OPINION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

REGINALD W. GIBSON, Judge:

1. Statement of the Case

Plaintiff, Michael C. Yerxa, a former U.S. Air Force Reserve Captain, seeks the back pay and allowances of a captain from May 31, 1974, the date on which he was involuntarily discharged from military service, to April 30, 1979, the date on which he was released (because of retirement) from active duty following his subsequent reenlistment as an Air Force sergeant. His involuntary discharge was at the grade of captain and stemmed from his being previously “passed-over” or non-selected for promotion…

2Cases cited35 opinions

  1. Blum v. StensonSupreme Court of the United States · 1984
  2. Udall v. TallmanSupreme Court of the United States · 1965
  3. United States v. TurketteSupreme Court of the United States · 1981
  4. Costello v. United StatesSupreme Court of the United States · 1961
  5. Train v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1975

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3Cited by7 opinions

  1. Ronald J. Cornetta v. The United States of America and John Lehman, Secretary of the NavyCourt of Appeals for the Federal Circuit · 1988
  2. Hermes Consolidated, Inc. v. United StatesUnited States Court of Federal Claims · 2003
  3. Bond v. United StatesUnited States Court of Federal Claims · 2000
  4. Doe v. Secretary of the Department of Health & Human ServicesUnited States Court of Claims · 1990
  5. Mai v. United StatesUnited States Court of Claims · 1991

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