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Legal Opinion

Barth v. United States

United States Court of Federal Claims

Decided June 10, 1993No. 474-87CPublishedCited by 10 opinions

1Opinion of the Court

OPINION

FUTEY, Judge.

This military pay case is before the court on plaintiff’s motion for summary judgment and defendant’s motion to dismiss for failure to state a claim, or in the alterna*513tive, cross-motion for summary judgment. Plaintiff contends that the Assistant Secretary of the Air Force arbitrarily and capriciously overruled the recommendations of the Air Force Board for Correction of Military Records (AFBCMR). Defendant counters that plaintiff cannot establish a firm right to reenlistment, the Assistant Secretary was not arbitrary and capricious, and plaintiff has failed to assert a…

2Cases cited16 opinions

  1. United States v. TestanSupreme Court of the United States · 1976
  2. Gould, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1991
  3. The United States v. Patrick J. ConnollyCourt of Appeals for the Federal Circuit · 1983
  4. Denis E. Dehne v. The United StatesCourt of Appeals for the Federal Circuit · 1992
  5. Austin v. United StatesUnited States Court of Claims · 1975

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3Cited by10 opinions

  1. Hoskins v. United StatesUnited States Court of Federal Claims · 1998
  2. Osborn v. United StatesUnited States Court of Federal Claims · 2000
  3. Greenhill v. United StatesUnited States Court of Federal Claims · 2008
  4. Jackson v. United StatesUnited States Court of Federal Claims · 2008
  5. Sanford v. United StatesUnited States Court of Federal Claims · 1994

5 more not listed; retrieve them via the Exa API.

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