· 4/11/1991
Ltc. John F. Mitchell v. The United States
Citations
- 930 F.2d 893
- 1991 U.S. App. LEXIS 5972
- 1991 WL 52609
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding service member's suit seeking active duty credit and back pay would receive adequate review under the Tucker Act, triggering Section 704 of the APA to bar APA waiver of sovereign immunity
- “Mitchell’s claims include a request for back pay, which the Supreme Court places within the Claim Court’s Tucker Act jurisdiction.”
- “Indeed the experience of the Court of Claims in military pay eases extends back to the nineteenth century origins of the court.”
- “Most important, the question posed by APA Section 704 is whether the Claims Court offers adequate remedies, not whether Mitchell will be entitled to receive those remedies.”
- suit for back- pay, reinstatement, and correction of records
Source: CourtListener parenthetical corpus (CC0).
Judges: Clevenger, Cowen, Rader
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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