Legal Opinion
Kalista v. Secretary of the Navy
District Court, D. Colorado
Decided March 29, 1983No. Civ. A. 82-K-1135PublishedCited by 11 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
KANE, District Judge.
When charged and convicted by civilian authorities on several felony counts, plaintiff was given an undesirable discharge from the United States Marine Corps. In this action plaintiff seeks to have that discharge upgraded under this court’s equitable and mandamus powers. Plaintiff is not seeking reinstatement into the Marine Corps. Subject matter jurisdiction rests in Title 28 U.S.C. § 1331 and 1361.
At the time of arrest by civilian authorities in the State of North Carolina, plaintiff was a Lance Corporal in the United States Marine Corps, pay…
2Cases cited35 opinions
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- Greene v. McElroySupreme Court of the United States · 1959
- Orloff v. WilloughbySupreme Court of the United States · 1953
- Schlesinger v. CouncilmanSupreme Court of the United States · 1975
- Millard Robert Beasley v. United StatesCourt of Appeals for the Sixth Circuit · 1974
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3Cited by11 opinions
- Vietnam Veterans of America v. Secretary of the Navy, (Two Cases). Vietnam Veterans of America v. Secretary of the NavyCourt of Appeals for the D.C. Circuit · 1988
- David Falk v. Secretary of the ArmyCourt of Appeals for the Second Circuit · 1989
- Fogel v. Department of DefenseDistrict Court, E.D. New York · 2001
- State v. Pali.Hawaii Supreme Court · 2013
- Strang v. MarshDistrict Court, D. Rhode Island · 1985
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