Legal Opinion

Gary W. Bowen v. Keith Oistead United States of America Hugh L. Cox, III Dan E. Dennis, Kenneth M. Taylor State of Alaska

Court of Appeals for the Ninth Circuit

Decided September 12, 1997No. 96-35296PublishedCited by 64 opinions

1Opinion of the Court

D.W. NELSON, Circuit Judge:

Major Gary Bowen appeals the district court’s dismissal of his complaint against the Alaska National Guard, certain of its members, the United States, and certain commissioned officers of the United States Air Force. The district court determined that Bowen’s claims against the military were nonjusticiable under Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950). The district court also dismissed Bowen’s RICO cause of action because Bowen failed to state a claim upon which relief could be granted. We have jurisdiction pursuant to 28 U.S.C. §…

2Cases cited24 opinions

  1. Feres v. United StatesSupreme Court of the United States · 1950
  2. Chappell v. WallaceSupreme Court of the United States · 1983
  3. United States v. StanleySupreme Court of the United States · 1987
  4. United States v. ShearerSupreme Court of the United States · 1985
  5. United States v. JohnsonSupreme Court of the United States · 1987

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

3Cited by64 opinions

  1. Frank D. Jones v. New York State Division of Military and Naval Affairs and New York State Army National GuardCourt of Appeals for the Second Circuit · 1999
  2. Avalos v. BacaCourt of Appeals for the Ninth Circuit · 2010
  3. Day v. Massachusetts Air National GuardCourt of Appeals for the First Circuit · 1999
  4. Carol Clendening v. United StatesCourt of Appeals for the Fourth Circuit · 2021
  5. Dwight Stirling v. Larry MinasianCourt of Appeals for the Ninth Circuit · 2020

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

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