Legal Opinion

Foster v. United States

United States Court of Claims

Decided September 21, 1983No. Nos. 500-82C, 501-82CPublishedCited by 17 opinions

1Opinion of the Court

OPINION

NETTESHEIM, Judge.

These consolidated cases are before the court on cross-motions for summary judgment. Briefs have been filed by two amici curiae, and the parties and amici have been heard.

FACTS

Both plaintiffs are former United States Air Force Reserve officers. Each chai-*441lenges his release from active service as a result of two passovers for promotion to the rank of temporary major on the ground that the selection boards involved did not contain an “appropriate number” of reserve officers, as required by 10 U.S.C. § 266(a) (1970),1 and implementing .regulations. Foster was passed over…

2Cases cited18 opinions

  1. United States v. TestanSupreme Court of the United States · 1976
  2. Brundage v. United StatesUnited States Court of Claims · 1974
  3. Sibyl Harrison v. United StatesCourt of Appeals for the Fifth Circuit · 1983
  4. Gruca v. United States Steel Corp.Court of Appeals for the Third Circuit · 1974
  5. Deering v. United StatesUnited States Court of Claims · 1980

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

3Cited by17 opinions

  1. Norman A. Foster and Charles T. Heimerdinger v. United States, Ronald R. Olson v. United StatesCourt of Appeals for the Federal Circuit · 1984
  2. Braddock v. United StatesUnited States Court of Claims · 1986
  3. Jones v. United StatesUnited States Court of Claims · 1984
  4. Dean v. United StatesUnited States Court of Claims · 1986
  5. Pepper v. United StatesUnited States Court of Claims · 1985

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

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