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BOLLEN v. NATIONAL GUARD BUR.

Civ. A. Nos. 77-1458 and 77-1459.

449 F.Supp. 343 (1978)

Edward J. BOLLEN, Plaintiff, v. NATIONAL GUARD BUREAU, Defendant. Edward J. BOLLEN, Plaintiff, v. Nicholas P. KAFKALAS, R. J. Posey, F. H. Smoker, Jr., Peter R. Phillipy, Richard L. Prave, Defendants.

United States District Court, W. D. Pennsylvania.

As Amended April 13, 1978.

Attorney(s) appearing for the Case

John R. Cook, Fine, Perlow, Stone, Pittsburgh, Pa., for plaintiff.

John M. Duff, Jr., Frederick R. Nene, Pittsburgh, Pa., John Panneton, Asst. U.S. Atty., Pittsburgh, Pa., for defendants.

OPINION

COHILL, District Judge.

Introduction

Plaintiff, Edward J. Bollen, is a colonel in the Pennsylvania Air National Guard ("Pa. ANG") as well as an Air National Guard technician. Air National Guard technicians are full-time federal civilian employees who are required by law to be members of the National Guard as a condition of their continued employment as technicians. 32 U.S.C. § 709(b) (Supp.1977).

Air National Guard colonels...

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