Legal Opinion

Crane v. Secretary of the Army

District Court, W.D. New York

Decided March 15, 2000No. 1:96-cv-00418PublishedCited by 16 opinions

1Opinion of the Court

DECISION AND ORDER

CURTIN, District Judge.

INTRODUCTION

Plaintiff Paul E. Crane alleges that defendant, the Secretary of the Army, violated the Administrative Procedure Act (“APA”), 5 U.S.C. § 551, and his constitutional right to due process by involuntarily dismissing him from the United States Army. Defendant moves to dismiss plaintiffs complaint. Plaintiff opposes and cross-moves for summary judgment. For the reasons set forth below, defendant’s motion to dismiss is denied and plaintiffs motion is granted.

FACTS

I. Background Facts

In May of 1980, Crane was commissioned as a Second Lieutenant in…

2Cases cited27 opinions

  1. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  2. Morton v. RuizSupreme Court of the United States · 1974
  3. Orloff v. WilloughbySupreme Court of the United States · 1953
  4. Darby v. CisnerosSupreme Court of the United States · 1993
  5. Rostker v. GoldbergSupreme Court of the United States · 1981

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3Cited by16 opinions

  1. Gabriel J. Martinez v. United StatesCourt of Appeals for the Federal Circuit · 2003
  2. Brezler v. MillsDistrict Court, E.D. New York · 2016
  3. Brezler v. MillsDistrict Court, E.D. New York · 2015
  4. Nation v. DaltonDistrict Court, District of Columbia · 2000
  5. Daugherty v. United StatesDistrict Court, N.D. Oklahoma · 2002

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