Daryl Jay Talbot v. James R. Schlesinger, Secretary of Defense, Department of Defense’s Empirical Analysis
527 F.2d 607 · 1975
Citation profile
6
cited by 6 later decisions
February 1981
most recently cited
3 federal appellate · 1 district ·
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(s)ince it appears that in the main, Talbot's alleged contractual understandings have been fulfilled, we think nothing remains to be decided even if it is assumed that we are free to apply common law principles of contract law to a contract of enlistment.”
2 later decisions quote this exact passage · from the majority“field and, therefore, contrary to Talbot's enlistment understanding. As an example, at the time of trial Talbot was assigned to a museum where his duties consisted of giving guided tours, mowing the lawn, and other general janitorial upkeep work. Claiming that his enlistment contract was breached, Talbot sought release from service. 14 At oral argument before the Court of Appeals, the parties informed the court that Talbot had been reassigned and was being used as a draftsman in a drafting shop doing work essentially the same as a civilian commercial”
1 later decision quote this exact passage · from the majority“on the understanding that he would be assigned to similar work in the Navy. Talbot's enlistment contract contained a disclaimer of any promises or guarantees, but it was Talbot's belief that the disclaimer only applied to his geographic duty assignment. After enlistment, Talbot was given various assignments which were not within the”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.