Legal Opinion

Jesse L. Horn v. Honorable James R. Schlesinger, Secretary of Defense

Court of Appeals for the Eighth Circuit

Decided April 29, 1975No. 74-1821PublishedCited by 41 opinions

1Opinion of the Court

TALBOT SMITH, Senior District Judge.

The appellant before us (hereinafter plaintiff), a former United States Army Major, was discharged from the service for his alleged failure to meet the standards required for promotion in rank. 1 His bill of complaint 2 sought review of this discharge and reinstatement to active status in the United States Army. The District Court granted defendants’ motion for summary judgment on the ground that plaintiff had failed to exhaust his administrative remedies. We agree and affirm.

The issues presented revolve around two Officer Efficiency Reports (OERs) and the…

2Cases cited21 opinions

  1. McKart v. United StatesSupreme Court of the United States · 1969
  2. Orloff v. WilloughbySupreme Court of the United States · 1953
  3. Burns v. WilsonSupreme Court of the United States · 1953
  4. Oestereich v. Selective Service System Local Board No. 11Supreme Court of the United States · 1969
  5. Public Util. Comm'n of Cal. v. United StatesSupreme Court of the United States · 1958

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3Cited by41 opinions

  1. Dilley v. AlexanderCourt of Appeals for the D.C. Circuit · 1979
  2. Michael Strickland v. United StatesCourt of Appeals for the Federal Circuit · 2005
  3. Gabriel I. Penagaricano v. Orlando LlenzaCourt of Appeals for the First Circuit · 1984
  4. Major Adolph H. Knehans, Jr. v. Clifford L. Alexander, Secretary of the ArmyCourt of Appeals for the D.C. Circuit · 1977
  5. Robert B. JORDAN, Plaintiff-Appellant, v. UNITED STATES of America and Howard Callaway, Secretary of the Army, Defendants-AppelleesCourt of Appeals for the Eighth Circuit · 1975

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