Legal Opinion

Diliberti v. United States

United States Court of Claims

Decided April 29, 1983No. 551-80CPublishedCited by 3 opinions

1Opinion of the Court

OPINION

SETO, Judge:

Plaintiff, in this action, seeks a judgment ordering that the date of his mandatory promotion to the rank of lieutenant colonel in the Army Reserve should be backdated to October 14,1974, which is approximately two years earlier than the date recorded on his military file. Plaintiff contends such backdating is warranted because of the time lost in active reserve due to asserted wrongful-past nonselections for unit vacancy promotions for lieutenant colonel. Additionally, plaintiff seeks monetary compensation for active reserve duty he would have performed if promoted in 1974.

2Cases cited21 opinions

  1. Commissioner v. SunnenSupreme Court of the United States · 1948
  2. Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
  3. Yakus v. United StatesSupreme Court of the United States · 1944
  4. Brown v. FelsenSupreme Court of the United States · 1979
  5. Lawlor v. National Screen Service Corp.Supreme Court of the United States · 1955

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3Cited by3 opinions

  1. Brown v. United StatesUnited States Court of Claims · 1983
  2. City of Gettysburg v. United StatesUnited States Court of Federal Claims · 2005
  3. Doyle v. United StatesUnited States Court of Claims · 1988

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