Legal Opinion

Spain v. Ball

Court of Appeals for the Second Circuit

Decided March 12, 1991No. 891, Docket 90-7818PublishedCited by 30 opinions

1Per curiam

Richard Jeffrey Spain appeals from a judgment of the United States District Court for the Southern District of New York, Pierre N. Leval, Judge, dismissing his statutory and constitutional challenges to the United States Navy’s refusal to appoint him as a commissioned officer in the Medical Service Corps, but granting him leave to replead part of his complaint. For the reasons set forth below, we affirm the dismissal of the complaint but reverse the grant of leave to replead.

In the spring of 1989, Spain began the application process for a commission as an officer in the Hospital…

2Cases cited6 opinions

  1. Massachusetts Board of Retirement v. MurgiaSupreme Court of the United States · 1976
  2. Schweiker v. HansenSupreme Court of the United States · 1981
  3. Johnson v. AlexanderCourt of Appeals for the Eighth Circuit · 1978
  4. Jestine ROPER, Plaintiff-Appellant, v. DEPARTMENT OF the ARMY, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1987
  5. Alan KAWITT, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1988

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3Cited by30 opinions

  1. Greene v. WCI Holdings Corp.District Court, S.D. New York · 1997
  2. Cortec Industries, Inc. v. Sum Holding L.P.Court of Appeals for the Second Circuit · 1991
  3. Cortec Industries, Inc. v. Sum Holding L.P.Court of Appeals for the Second Circuit · 1991
  4. Gary Jackson v. Thomas ModlyCourt of Appeals for the D.C. Circuit · 2020
  5. Brown v. USACourt of Appeals for the Fifth Circuit · 2000

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