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· 5/8/1969

Albert H. Carter v. Robert Seamans, Jr., as Secretary of the Air Force

Citations

  • 411 F.2d 767
  • 1969 U.S. App. LEXIS 12479

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • discharged member of Air Force sued Air Force officials seeking back pay, correction of military records and declaratory relief
  • “It is hornbook law that mandamus is an extraordinary remedy which should be utilized only in the clearest and most compelling of cases.”
  • “It is hornbook law that mandamus is an extraordinary remedy which should be utilized only in the clearest and most compelling of cases.”
  • “It is hornbook law that mandamus is an extraordinary remedy which should be utilized only in the clearest and most compelling of cases.”
  • mandamus and declaratory judgment jurisdiction in district court must be declined in non-tort suit for money damages over $10,000 because, inter alia, exercising district court jurisdiction would interfere with exclusive jurisdiction of Court of Claims over such suits
  • “Carter prays for a declaration that he was promoted to the rank of Colonel on November 24, 1967. This relief is likewise available in the Court of Claims in the proper circumstances.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bell, Ainsworth, Godbold

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.