HOOPER
v.
UNITED STATES

U.S. | 1964-06-15
No. 1030
377 U.S. 977 Supreme Court of the United States (1964) Positive Treatment
Cited by 7 cases

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  • McCARTY v. McCARTY, 453 U.S. 210 (U.S. 1981)
    …r of the Army, see United States v. Tyler, 105 U. S. 244 (1882),13 and [*222] continues to be subject to the Uniform Code of Military-Justice, see 10 U. S. C. § 802 (4). See also Hooper v. United States, 164 Ct. Cl. 151, 326 F. 2d 982, cert, denied, 377 U. S. 977 (1964). In addition, he may forfeit all or part of his retired pay if he engages in certain activities.14 Finally, the retired officer remains subject to recall to active duty by the Secretary of the Army “at any time.” Pub. L. 96-513, § 106, 94 Sta…
  • …961); Brown v. Allen, 344 U.S. 443, 73 S.Ct. 397, 97 L.Ed. 469 (1953); Watts v. State of Indiana, 338 U.S. 49, 69 S.Ct. 1347, 93 L.Ed. 1801 (1949); United States ex rel. Johnson v. Yeager, 327 F. 2d 311 (3 Cir.), cert. denied, New Jersey v. Godfrey, 377 U.S. 977, 984, 84 S.Ct. 1882, 12 L.Ed.2d 745 (1964); United States [*434] ex rel. Smith v. State of New Jersey, 323 F. 2d 146 (3 Cir. 1963), cert. denied, 377 U.S. 1000, 84 S.Ct. 1927, 12 L.Ed.2d 1049 (1964). III. Mental Overbearing Both petitioners also c…
  • Augenblick v. The United States, 377 F.2d 586 (Ct. Cl. 1967)
    …ustained an action in the nature of mandamus to the same effect. Ashe v. McNamara, 355 F. 2d 277 (C.A. 1, 1965).4 Within the last three years we have taken the same road in Hooper v. United States, 326 F. 2d 982, 164 Ct.Cl. 151 (1964), cert. denied, 377 U.S. 977, 84 S.Ct. 1882, 12 L.Ed.2d 746, and in Shaw v. United States, supra (as well as in earlier decisions). [*593] Defendant points out that here, unlike Shaw (see 357 F. 2d at 954, 174 Ct.Cl. at 905-906), the Court of Military Appeals could have reviewe…

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