Legal Opinion

Dibble v. Fenimore

Court of Appeals for the Second Circuit

Decided October 7, 2008No. Docket 06-3307-cvPublishedCited by 13 opinions

1Opinion of the Court

WINTER, Circuit Judge:

INTRODUCTION

Donald J. Dibble is a former federal excepted service technician with the New York Air National Guard (“Guard”) who was denied reenlistment. Alleging that this denial was retaliation for Dibble’s exercise of his constitutional and statutory rights, including his advocacy as a union representative, Dibble applied for administrative relief from the Air Force Board for the Correction of Military Records (“Board”). When the Board denied his application, Dibble filed the present action under the Administrative Procedure Act, 5 U.S.C. § 702, against the Secretary…

2Cases cited17 opinions

  1. Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
  2. Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1975
  3. Feres v. United StatesSupreme Court of the United States · 1950
  4. Chappell v. WallaceSupreme Court of the United States · 1983
  5. United States v. StanleySupreme Court of the United States · 1987

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3Cited by13 opinions

  1. Brezler v. MillsDistrict Court, E.D. New York · 2016
  2. Lasky v. McHughDistrict Court, D. Connecticut · 2015
  3. Matthew v. United StatesCourt of Appeals for the Second Circuit · 2009
  4. Newton v. UTAH NATIONAL GUARDDistrict Court, D. Utah · 2010
  5. Abdul-Matiyn v. The Department of the NavyDistrict Court, E.D. New York · 2021

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