Legal Opinion

William Daniel Nicholson, Iii, Cross-Appellant v. Harold Brown, Secretary of Defense, Cross-Appellees

Court of Appeals for the Fifth Circuit

Decided July 26, 1979No. 77-1782PublishedCited by 20 opinions

1Opinion of the Court

WISDOM, Circuit Judge:

Major William D. Nicholson, M.D., plaintiff-appellee, was a participant in the armed services’ “Berry Plan”. This plan permits deferment of a draftee’s active military service pending completion of his medical training. Nicholson entered into the program in 1967. This was a critical time in Nicholson’s professional career. This was also a critical time in the history of the country. The Berry Plan was a program that gave aspiring doctors a break. Shortly before he was called to active duty, Nicholson filed a habeas corpus petition seeking review of the decision of the…

2Cases cited26 opinions

  1. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  2. Udall v. TallmanSupreme Court of the United States · 1965
  3. Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945
  4. Orloff v. WilloughbySupreme Court of the United States · 1953
  5. United States v. Pierce Auto Freight Lines, Inc.Supreme Court of the United States · 1946

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3Cited by20 opinions

  1. Medina County Environmental Action Ass'n v. Surface Transportation BoardCourt of Appeals for the Fifth Circuit · 2010
  2. Sierra Club v. U.S. Army Corps of EngineersCourt of Appeals for the Eleventh Circuit · 2002
  3. Charles v. Rice, Secretary USAFCourt of Appeals for the First Circuit · 1994
  4. Cheshire Hospital v. New Hampshire-Vermont Hospitalization Service, Inc.Court of Appeals for the First Circuit · 1982
  5. Barney J. Tearney v. National Transportation Safety Board and T. Allan McArtor Administrator, Federal Aviation AdministrationCourt of Appeals for the Federal Circuit · 1989

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