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BAYE v. WADE

Civ. A. No. 71-2225.

416 F.Supp. 1147 (1976)

Claiborne T. BAYE v. Lieutenant General David WADE, Individually and as commander of the Louisiana National Guard, et al.

United States District Court, E. D. Louisiana.

July 26, 1976.

Attorney(s) appearing for the Case

Lawrence Blake Jones, New Orleans, La., for plaintiff.

Ford J. Dieth, Asst. U. S. Atty., New Orleans, La., for defendant.

SEAR, District Judge:

Claiborne T. Baye was a Major on full time, active duty in the Louisiana Army National Guard. In addition to his regular military duties, Baye was employed by the National Guard in a separate civilian capacity as a flight instructor. Under the provisions of the National Guard Technicians Act of 1968,1 the lowest rank eligible to qualify for such civilian employment was Warrant Officer. In November 1970 Baye decided...

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