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NESMITH v. FULTON

Civ. A. No. 77-106-Mac.

443 F.Supp. 411 (1978)

Charles A. NESMITH, Plaintiff, v. Clyde E. FULTON, Billy M. Jones, Benjamin H. Bruce, George W. Finison, Robert L. Cochran, and the Air National Guard of the State of Georgia, Defendants.

United States District Court, M. D. Georgia, Macon Division.

January 23, 1978.

Attorney(s) appearing for the Case

Stewart R. Brown, Westmoreland, Patterson & Moseley, Macon, Ga., for plaintiff.

Arthur K. Bolton, Atty. Gen., John C. Jones, Staff Asst. Atty. Gen., State of Georgia, Atlanta, Ga., for defendants.

RULING ON MOTION TO DISMISS

OWENS, District Judge.

In this action pursuant to 42 U.S.C.A. § 1983, the plaintiff claims that he was denied his right to procedural due process in the termination of his employment as a technician with the Georgia Air National Guard. The case is now before the court on a motion to dismiss in which the defendant claims that under the Supreme Court case of Tennessee v. Dunlap, 426 U.S. 312<...

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