Legal Opinion

Halliday v. United States

United States Court of Claims

Decided January 30, 1985No. 339-84CPublishedCited by 4 opinions

1Opinion of the Court

OPINION ON DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS

PHILIP R. MILLER, Judge:

Question Presented

The issues herein are whether or not plaintiff’s claim for promotion to and retirement as a Marine Corps brigadier general, pursuant to 10 U.S.C. § 5149(c), is barred by the statute of limitations, and, if not, whether the court may properly review the Secretary of the Navy’s exercise of discretion in denying such promotion?

Statement

Since defendant’s motion is addressed to the sufficiency of the pleadings, the pertinent facts set forth herein are taken from the plaintiff's complaint, and…

2Cases cited23 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. United States v. TestanSupreme Court of the United States · 1976
  3. Eastport Steamship Corporation v. The United StatesUnited States Court of Claims · 1967
  4. United States v. MorganSupreme Court of the United States · 1941
  5. Webster v. FallSupreme Court of the United States · 1925

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

3Cited by4 opinions

  1. Johns-Manville Corp. v. United StatesUnited States Court of Claims · 1987
  2. J.M. Huber Corp. v. United StatesUnited States Court of Federal Claims · 1993
  3. Estate of Liftin v. United StatesUnited States Court of Federal Claims · 2011
  4. Sapir v. United StatesUnited States Court of Federal Claims · 2021

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