Legal Opinion

Muse v. United States

United States Court of Claims

Decided October 19, 1990No. 428-86CPublishedCited by 14 opinions

1Opinion of the Court

OPINION

REGINALD W. GIBSON, Judge:

This military pay case is before the court on cross-motions for summary judgment. Jurisdiction is premised on 28 U.S.C. § 1491(a)1 and 10 U.S.C. § 1552(a).2 Plaintiff, Captain (CPT) Stephen H. Muse (Muse), is a former officer who was given an involuntary honorable discharge from active duty in the United States Army in 1983 after having been passed over for promotion to the rank of permanent major in the Regular Army (RA) on at least two occasions. Muse contends that these pass-overs, and thus his subsequent involuntary discharge from active duty status, were…

2Cases cited25 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. United States v. LarionoffSupreme Court of the United States · 1977
  3. Sanders v. United StatesUnited States Court of Claims · 1979
  4. Victoria M. Voge v. United StatesCourt of Appeals for the Federal Circuit · 1988
  5. Skinner v. United StatesUnited States Court of Claims · 1979

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3Cited by14 opinions

  1. Williams v. WynneCourt of Appeals for the Fifth Circuit · 2008
  2. Calloway v. BrownleeDistrict Court, District of Columbia · 2005
  3. United States v. MabeUnited States Court of Military Appeals · 1991
  4. Epstein v. GerenDistrict Court, District of Columbia · 2008
  5. Rogers v. United StatesUnited States Court of Claims · 1991

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