Legal Opinion

Jeanette P. Rhodes and Oscar Earl Rhodes v. The United States of America, and Clifford Alexander, Secretary of the Army

Court of Appeals for the Eleventh Circuit

Decided May 20, 1985No. 84-8123PublishedCited by 21 opinions

1Opinion of the Court

NICHOLS, Senior Circuit Judge:

The threshold and dispositive issue in this case is whether a United States district court has subject matter jurisdiction to review a decision by the Secretary of the Army denying a claim under 32 U.S.C. § 715, disapprove the same, and remand the case to the Secretary for reconsideration, despite the statutory preclusion of review of such a decision in § 715(g) and (h). We hold that the court lacked jurisdiction and reverse.

Facts

This case has had a prolonged and unhappy career. Major John Shealy, an officer of the Georgia National Guard on temporary training…

2Cases cited13 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Califano v. SandersSupreme Court of the United States · 1977
  3. United States v. TestanSupreme Court of the United States · 1976
  4. Association of Data Processing Service Organizations, Inc. v. CampSupreme Court of the United States · 1970
  5. Block v. Community Nutrition InstituteSupreme Court of the United States · 1984

8 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. National Corn Growers Ass'n v. BakerCourt of Appeals for the Federal Circuit · 1988
  2. Michael G. Holdiness v. A.M. Stroud, Jr.Court of Appeals for the Fifth Circuit · 1987
  3. Rafeh-Rafie Ardestani v. United States Department of Justice, Immigration and Naturalization ServiceCourt of Appeals for the Eleventh Circuit · 1990
  4. Louis J. Rodrigue, Administrator of the Estate of William J. Rodrigue v. United StatesCourt of Appeals for the First Circuit · 1992
  5. In Re GillespieUnited States Bankruptcy Court, E.D. Pennsylvania · 1990

16 more not listed; retrieve them via the Exa API.

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