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· 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 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.