Legal Opinion
Joseph P. Ornato v. Martin Hoffman, Secretary of the Army and Commanding Officer, Reserve Components Personnel
Court of Appeals for the Second Circuit
Decided December 2, 1976No. 342, Docket 76-6125PublishedCited by 19 opinions
1Opinion of the Court
GURFEIN, Circuit Judge:
This is an appeal from an order of the Southern District of New York (Goettel, D. J.) denying appellant’s motion for a preliminary injunction to prevent the Army from ordering him to active duty.
Joseph Ornato enlisted in the Armed Forces Physicians Appointment and Residency Program, known as the “Berry Plan”. 1 He was commissioned a first lieutenant in the United States Army Reserve in November 1971 after graduating from medical school. He is now a Captain. He was granted a four-year deferment to complete his post-graduate medical training. 2 He agreed to serve on…
2Cases cited8 opinions
- Service v. DullesSupreme Court of the United States · 1957
- Gillette v. United StatesSupreme Court of the United States · 1971
- Hammond v. LenfestCourt of Appeals for the Second Circuit · 1968
- Thomas C. Smith, Appellant-Petitioner v. Stanley S. Resor, Secretary of the Army, Appellee-RespondentCourt of Appeals for the Second Circuit · 1969
- United States ex rel. Schonbrun v. OfficerCourt of Appeals for the Second Circuit · 1968
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Frank D. Jones v. New York State Division of Military and Naval Affairs and New York State Army National GuardCourt of Appeals for the Second Circuit · 1999
- Lunney v. United StatesCourt of Appeals for the Second Circuit · 2003
- Montgomery v. RumsfeldCourt of Appeals for the Ninth Circuit · 1978
- Lunney v. United StatesCourt of Appeals for the Second Circuit · 2003
- Montgomery v. RumsfeldCourt of Appeals for the Seventh Circuit · 1978
14 more not listed; retrieve them via the Exa API.