Legal Opinion

Byrne v. Resor

Court of Appeals for the Third Circuit

Decided June 20, 1969No. 17874PublishedCited by 32 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

This is an action to compel defendants to rescind the military orders which called plaintiff up from the Army Reserve to active duty. The District Court, after considering the evidence which was taken by depositions, and hearing argument, dismissed the complaint.

*775Plaintiff enlisted in the United States Army Reserve on March 3, 1963 for a six year period. He served the required six months’ active duty and attended summer camps from 1964 to 1968 inclusive. He also regularly attended the drills of his local reserve unit. His uneventful membership in the reserve unit was…

3Cases cited3 opinions

  1. Orloff v. WilloughbySupreme Court of the United States · 1953
  2. Thomas C. Smith, Appellant-Petitioner v. Stanley S. Resor, Secretary of the Army, Appellee-RespondentCourt of Appeals for the Second Circuit · 1969
  3. United States ex rel. Schonbrun v. OfficerCourt of Appeals for the Second Circuit · 1968

4Cited by32 opinions

  1. United States v. Neal Allen SheaCourt of Appeals for the Fifth Circuit · 1975
  2. Bluth v. LairdCourt of Appeals for the Fourth Circuit · 1970
  3. Michael B. Anderson v. Melvin R. Laird, Secretary of Defense of the United States of AmericaCourt of Appeals for the D.C. Circuit · 1972
  4. Santos v. FranklinDistrict Court, E.D. Pennsylvania · 1980
  5. Caruso v. ToothakerDistrict Court, M.D. Pennsylvania · 1971

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