Col. Paul Emmett Towry v. The United States of Am., Harold Brown, Sec'y of Def., 620 F.2d 568 (5th Cir. 1980). · Go Syfert
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Col. Paul Emmett Towry v. The United States of Am., Harold Brown, Sec'y of Def., 620 F.2d 568 (5th Cir. 1980). Cases Citing This Book View Copy Cite
25 citation events across 15 distinct courts.
Strongest positive: Labash v. United States Department of the Army (ca10, 1982-01-13) · Strongest negative: Rodrigue v. United States (mad, 1991-02-25)
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981 2003 2026
Top citers, strongest first. 4 distinct citers.
discussed Cited "but see" Rodrigue v. United States
D. Mass. · 1991 · signal: but see · confidence high
But see Towry v. United States, 459 F.Supp. 101 (E.D.La.1978), aff'd, 620 F.2d 568 (5th Cir.1980), cert. denied, 449 U.S. 1078 , 101 S.Ct. 858 , 66 L.Ed.2d 801 (1981); Vogelaar v. United States, 665 F.Supp. 1295 (E.D.Mich.1987).
cited Cited "see" Labash v. United States Department of the Army
10th Cir. · 1982 · signal: accord · confidence high
Accord, Towry v. United States, 459 F.Supp. 101 (E.D.La.1978), aff’d, 620 F.2d 568 (5th Cir. 1980), cert. denied, 449 U.S. 1078 , 101 S.Ct. 858 , 66 L.Ed.2d 801 (1981). .
discussed Cited "see" Labash v. United States Department of Army
10th Cir. · 1982 · signal: accord · confidence high
Accord, Towry v. United States, 459 F.Supp. 101 (E.D.La.1978), aff'd, 620 F.2d 568 (5th Cir. 1980), cert. denied, 449 U.S. 1078 , 101 S.Ct. 858 , 66 L.Ed.2d 801 (1981) 6 In recent cases, the Third Circuit, en banc, in an action involving injury to a serviceman incident to his service, rejected a constitutional intentional tort cause of action, based on the policy concerns underlying the Feres doctrine, viz., the effect of such suits on military discipline and Congress' express provision of another remedy.
discussed Cited "see, e.g." Hass v. United States Air Force
D. Kan. · 1994 · signal: see also · confidence low
See also Towry v. United States, 459 F.Supp. 101, 107 (E.D.La.1978), aff'd, 620 F.2d 568 (5th Cir.1980), cert. denied, 449 U.S. 1078 , 101 S.Ct. 858 , 66 L.Ed.2d 801 (1981) (judicial review of findings of fact under Military Claims Act precluded by section 2735).
Col. Paul Emmett TOWRY, Plaintiff-Appellant,
v.
the UNITED STATES of America, Harold Brown, Secretary of Defense Et Al., Defendants-Appellees
78-3082.
Court of Appeals for the Fifth Circuit.
Jul 3, 1980.
620 F.2d 568
Harry S. Redmon, Jr., Harry A. Rosenberg, Margaret Ann Brown, New Orleans, La., for plaintiff-appellant., John P. Volz, U.S. Atty., Robert L. Boese, Asst. U.S. Atty., Leonard P. Avery, New Orleans, La., for U.S.A. and Harold Brown and Thomas C. Reed.
Tuttle, Randall, Tate.
Cited by 23 opinions  |  Published
PER CURIAM:

The judgment is affirmed on the basis of the district court’s opinion, which is published at 459 F.Supp. 101 (E.D.La.1978).

We were troubled by the suggestion at oral argument that payment of the amount determined by the Secretary of the Air Force as compensation for Col. Towry’s injuries was conditioned upon his not seeking judicial review of the award. We have been informed by letter from the Acting Chief of the Claims and Tort Litigation Staff of the Office of the Judge Advocate General that the compensation award to which the Secretary of the Air Force determined Col. Towry was entitled is still open, and that Col. Towry may accept the tendered amount in satisfaction of his claim.

AFFIRMED.