Legal Opinion

Tartt v. Secretary of Army

District Court, N.D. Illinois

Decided October 7, 1993No. 93 C 4550Published

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

CONLON, District Judge.

Petitioner Derrick Tartt (“Tartt”), a captain in the army reserves, has been ordered to active duty by respondent, the Secretary of the United States Army (“the army”). Tartt petitions for a writ of habeas corpus under 28 U.S.C. § 2241,1 requesting that the army be barred from compelling Tartt to serve on active duty, and seeking a rescission *238of his enlistment contract. The army responds that the court lacks jurisdiction and that Tartt’s claims do not raise a justiciable controversy.

BACKGROUND

The parties agree to the following facts: In 1978,…

2Cases cited14 opinions

  1. Orloff v. WilloughbySupreme Court of the United States · 1953
  2. Bank of Waunakee, a Wisconsin Banking Corporation v. Rochester Cheese Sales, Inc., a Minnesota CorporationCourt of Appeals for the Seventh Circuit · 1990
  3. Publishers Resource, Inc. v. Walker-Davis Publications, Inc.Court of Appeals for the Seventh Circuit · 1985
  4. Schlanger v. SeamansSupreme Court of the United States · 1971
  5. Hammond v. LenfestCourt of Appeals for the Second Circuit · 1968

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