Legal Opinion · Dissent

Hanna v. Secretary of the Army

Court of Appeals for the First Circuit

Decided January 8, 2008No. 07-1090Published

1DissentBoudin, Chief Judge

On its facts, this is a close case. In the first instance the army could probably have turned down Hanna’s application without much risk of reversal; but the administrative proceedings, including the investigating officer’s initial decision, has weakened the army’s position. So the main concern is not with the outcome but with the possible effect of the panel majority’s legal rulings and analysis on future eases.

Hanna joined the army in 1997 under the Health Professional Scholarship Program, which funds an applicant’s medical education in exchange for a commitment to serve in the armed…

2Cases cited17 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. Seavey v. Social SecurityCourt of Appeals for the First Circuit · 2001
  3. Witmer v. United StatesSupreme Court of the United States · 1955
  4. United States v. Richard Secor Corliss, United States of America v. Fred August Heise, United States of America v. Walter HeroldCourt of Appeals for the Second Circuit · 1960
  5. American Motor Specialties Co. v. Federal Trade CommissionSupreme Court of the United States · 1960

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