Legal Opinion
Kaiser v. Secretary of the Navy
District Court, D. Colorado
Decided November 17, 1981No. Civ. A. 81-K-912PublishedCited by 11 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
KANE, District Judge.
This is an action for mandamus and injunctive relief, pursuant to 28 U.S.C. §§ 1361, 1331, to compel the defendants to upgrade the plaintiff’s 1948 military discharge. The defendants have moved to dismiss for failure to state a claim, pursuant to F.R.Civ.P. 12(b)(6), on the ground that the action is barred by the statute of limitations and laches. For the following reasons, the motion is denied.
The plaintiff is a former member of the United States Marine Corps and was serving on active duty when charged with the military crime of desertion and…
2Cases cited32 opinions
- Stovall v. DennoSupreme Court of the United States · 1967
- Friedman v. United StatesUnited States Court of Claims · 1962
- Pennsylvania Ex Rel. Herman v. ClaudySupreme Court of the United States · 1956
- Gosa v. MaydenSupreme Court of the United States · 1973
- United States v. Sammy CariolaCourt of Appeals for the Third Circuit · 1963
27 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Calvin Geyen, Jr. v. John O. Marsh, Jr., Secretary of the United States ArmyCourt of Appeals for the Fifth Circuit · 1985
- Robert A. Walters v. Secretary of DefenseCourt of Appeals for the D.C. Circuit · 1983
- Francis Dougherty, Sr. v. U.S. Navy Board for Correction of Naval RecordsCourt of Appeals for the Third Circuit · 1986
- Karl Ballenger v. John O. Marsh, Jr., Secretary of the ArmyCourt of Appeals for the Eighth Circuit · 1983
- June v. Secretary of the NavyDistrict Court, M.D. Pennsylvania · 1982
6 more not listed; retrieve them via the Exa API.