Legal Opinion
Michael C. Seepe, Private, United States Marine Corps v. Department of the Navy
Court of Appeals for the Sixth Circuit
Decided May 23, 1975No. 74-1799PublishedCited by 39 opinions
1Opinion of the Court
EDWARDS, Circuit Judge.
The question presented by this appeal, as we see it, is: Where no emergency, hardship or futility exception is present in a case where an enlisted man claims breach by a branch of the military services of his enlistment' contract and he has a statutorily provided appeal within the service which could give complete relief, should a Federal District Court require exhaustion of administrative remedies before granting judicial review?
We answer this question “yes.”
Appellee in this case enlisted in the Marine Reserves in 1970, allegedly on the basis of representations made to…
2Cases cited24 opinions
- McKart v. United StatesSupreme Court of the United States · 1969
- Mooney v. HolohanSupreme Court of the United States · 1935
- Myers v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1938
- Federal Trade Commission v. Dean Foods Co.Supreme Court of the United States · 1966
- Schlesinger v. CouncilmanSupreme Court of the United States · 1975
19 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Montgomery v. RumsfeldCourt of Appeals for the Ninth Circuit · 1978
- Shawnee Coal Company v. Cecil D. Andrus, Secretary of the InteriorCourt of Appeals for the Sixth Circuit · 1981
- Montgomery v. RumsfeldCourt of Appeals for the Seventh Circuit · 1978
- Romeo Community Schools v. United States Department of Health, Education, & WelfareDistrict Court, E.D. Michigan · 1977
- Schofs v. Warden, FCI, LexingtonDistrict Court, E.D. Kentucky · 1981
34 more not listed; retrieve them via the Exa API.