· 11/9/1981
Daniel J. Monaco and Denise E. Monaco v. United States
Citations
- 661 F.2d 129
- 1981 U.S. App. LEXIS 16212
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that “the basis for the exception has recently become the subject of some confusion”
- confessing that “[t]he result in this case disturbs us ... If developed doctrine did not bind us we might be inclined to make an exception ... Unfortunately, we are bound”
- confessing that “[t]he result in this case disturbs us ... If developed doctrine did not bind us we might be inclined to make an exception ... Unfortunately, we are bound”
- holding that the fact that a plaintiff may seek relief from injury not based on the injury of the serviceman “does not change the substantive analysis [because] the court must still examine the Government’s activity in relation to military personnel on active duty”
- applying Feres to bar a claim resembling those of the Lombard children but characterizing the doctrine as “on shaky ground” and its rationale as “not fully convincing”
- applying Feres to bar a claim resembling those of the Lombard children but characterizing the doctrine as \on shaky ground\ and its rationale as \not fully convincing\
Source: CourtListener parenthetical corpus (CC0).
Judges: Nelson, Canby, Battin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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