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.