Murphy v. Dalton

OPINION OF THE COURT

SEITZ, Circuit Judge.

Michael E. Murphy (“Plaintiff’), formerly a captain in the United States Marine Corps Reserves, initiated an action in the district court challenging, inter alia, the authority of the United States Marine Corps to recall him to active duty, while a member of the Marine Corps Reserves, and to subject him to trial by court-martial for offenses committed during a prior period of active duty in the regular Marines Corps. Plaintiff appeals an order of the district court granting summary judgment in favor of the Secretary of the Navy John H. Dalton, et at.…