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GANT v. BINDER

Civ. No. 83-L-194.

596 F.Supp. 757 (1984)

Wallace GANT, Jr., Plaintiff, v. Edward C. BINDER, Adjutant General, Nebraska Army-Air National Guard; State of Nebraska; Robert Kerrey, Governor of Nebraska; Lloyd Johnson, Brig. General, Chief of Staff NEANG; Richard Bertrand, Colonel and Commander, NEANG; James F. McMurray, Major, Base Services Officer, NEANG; Richard Wade, Executive Support Staff Officer, NEANG; and James F. Bryant, Vincent D. Brown, Robert M. Courtney, Mary J. Kight, Lowell D. Closner, Randolph M. Scott, Kenneth W. Orr, Jerome E. Dickey, Members of the Nebraska Enlisted Selective Retention Appeals Board; individually and in their official capacities, Defendants.

United States District Court, D. Nebraska.

October 12, 1984.

Attorney(s) appearing for the Case

Clyde A. Christian, Christian, Krieger & Swihart, Omaha, Neb., for plaintiff Gant.

Paul W. Madgett, Asst. U.S. Atty., Omaha, Neb., and Bernard L. Packett, Asst. Atty. Gen., Lincoln, Neb., for defendants Binder, et al.

MEMORANDUM OPINION

VAN PELT, Senior District Judge.

FINDING OF FACTS

Plaintiff, Wallace Gant, Jr., filed this Complaint in April, 1983, under 42 U.S.C. §§ 1981, 1982, and 1983; 28 U.S.C. §§ 1331 and 1343 and 42 U.S.C. §§ 2000d and 2000e and the Fourteenth Amendment, alleging that this separation from the Nebraska Army-Air National Guard (NEANG) was the result of a discriminatory atmosphere within NEANG and personal...

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