Opinion

Orville Taylor v. United States

  • 711 F.2d 1199
Court
Court of Appeals for the Third Circuit
Filed
Jul 21, 1983
Status
Published
Author
Gibbons
On the bench
Gibbons, Becker, Weber
Cited by
15 cases

noting that “enlistee status does not invalidate the contractual obligation of either party or prevent the contract from being upheld, under proper circumstances, by a court of law”

How later courts described this case

  • noting that “enlistee status does not invalidate the contractual obligation of either party or prevent the contract from being upheld, under proper circumstances, by a court of law”
  • refusing to require exhaustion because the question was purely a legal one and because there was no opportunity for the plaintiff to present his claims to the military prior to his delivery to Spanish authorities

Written by the judges who cited it.

The opinion

SUR PETITION FOR REHEARING

GIBBONS,

Circuit Judge.

The petition for rehearing filed by appellant in the above entitled case having been submitted to the judges who participated in the decision of this court and to all the other available circuit judges of the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular active service not having voted for rehearing by the court in bane, the petition for rehearing is denied. Circuit Judges ADAMS, HUNTER, WEIS and GARTH would grant petition for rehearing.

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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