Opinion

Parker v. United States

  • 461 F.2d 806
  • 198 Ct. Cl. 661
  • 1972 U.S. Ct. Cl. LEXIS 81
Court
United States Court of Claims
Filed
Jun 16, 1972
Status
Published
Author
Davis
On the bench
Cowen, Davis, Kashiwa, Kunzig, Nichols, Skelton
Cited by
10 cases
Authority
More cited than 12.6%

holding that prior reenlistments in any branch of the uniformed services must be considered in determining whether a current reenlistment was a “first reenlistment” qualifying for an additional bonus

How later courts described this case

  • holding that prior reenlistments in any branch of the uniformed services must be considered in determining whether a current reenlistment was a “first reenlistment” qualifying for an additional bonus
  • exercising jurisdiction over claim for enlistment bonus under section 308

Written by the judges who cited it.

The opinion

Davis, Judge,

concurring:

In joining the opinion, I stress that, as tlie court points out, the representations made to plaintiff were directly contrary to the mandate of the statute. In that situation I have no doubt that estoppel cannot be invoked. Montilla v. United States, ante, at 48, 457 F. 2d 978 , may well have involved, in my view, a misrepresentation by the Government’s agent of fact or possibly of mixed-fact-and-law (rather than a pure misrepresentation of a statutory requirement). I am not certain whether or not estoppel applies to such a misrepresentation and that is why I wrote separately in Montilla .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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