Legal Opinion
Cortright v. Resor
Court of Appeals for the Second Circuit
Decided August 20, 1971No. 1051, Docket 71-1365PublishedCited by 68 opinions
1Opinion of the Court
FRIENDLY, Chief Judge:
In Orloff v. Willoughby, 345 U.S. 83, 94, 73 S.Ct. 534, 540, 97 L.Ed. 842 (1953), clearly the Supreme Court decision most closely in point, the Court stated it had “found no case where this Court has assumed to revise duty orders as to one lawfully in the [armed] service.” So far as has been shown by the research of counsel, that statement remained true, not only for the Supreme Court but for any other civilian court, with respect to duty orders not transgressing statute or regulations, until the order here under review. The limitations on the civilian courts in this…
2Cases cited12 opinions
- Terminiello v. ChicagoSupreme Court of the United States · 1949
- Orloff v. WilloughbySupreme Court of the United States · 1953
- Poulos v. New HampshireSupreme Court of the United States · 1953
- Thomas C. Smith, Appellant-Petitioner v. Stanley S. Resor, Secretary of the Army, Appellee-RespondentCourt of Appeals for the Second Circuit · 1969
- United States ex rel. Schonbrun v. OfficerCourt of Appeals for the Second Circuit · 1968
7 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- Capt. Milbert Mindes v. Dr. Robert C. Seaman, Secretary of the United States Air ForceCourt of Appeals for the Fifth Circuit · 1971
- Microsoft Corp. v. Manning, Texas Court of Appeals, 6th District (Texarkana)1995
- Stephanie CRAWFORD, Appellant, v. General Robert E. CUSHMAN, Jr., Commandant, United States Marine Corps, AppelleeCourt of Appeals for the Second Circuit · 1976
- Robert A. Pauls, Etc. v. The Secretary of the Air ForceCourt of Appeals for the First Circuit · 1972
- Aguayo v. RichardsonCourt of Appeals for the Second Circuit · 1973
63 more not listed; retrieve them via the Exa API.