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JORDEN v. NATIONAL GUARD BUREAU

No. 85-1664.

799 F.2d 99 (1986)

Ulus JORDEN, Jr., Appellant, v. NATIONAL GUARD BUREAU, Departments of the Army and the Air Force; Emmett H. Walker, Jr., Chief, National Guard Bureau; Richard M. Scott, Major General (PA), The Adjutant General, Commonwealth of Pennsylvania; John D. Campbell, individually and as Colonel, Pennsylvania Air National Guard Base Detachment Commander; and Henry C. Frisby, individually and as Major, Pennsylvania Air National Guard Chief, Administration, Appellees.

United States Court of Appeals, Third Circuit.

Decided August 27, 1986.

Rehearing and Rehearing Denied October 23, 1986.

Attorney(s) appearing for the Case

Frank Finch, III (Argued), McDaniel, Dade, Wheeler & Walwyn, Philadelphia, Pa., for appellant.

Edward S.G. Dennis, Jr., U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief of Appeals, Margaret L. Hutchinson, Asst. U.S. Atty., Philadelphia, Pa., Thomas M. Crowley (Argued), Office of the Attorney General, Harrisburg, Pa., Marilyn D. Barton, Major, USAF (Argued), Office of the Judge Advocate General, U.S. Air Force, Washington, D.C., for appellees.

Before GIBBONS, BECKER, and STAPLETON, Circuit Judges.

Rehearing and Rehearing In Banc Denied October 23, 1986.

OPINION OF THE COURT

BECKER, Circuit Judge.

This case requires us to determine the susceptibility of National Guard officers to suits by guardsmen for damages and injunctive relief. Plaintiff, Ulus Jorden, discharged from both his military and civilian positions in the Pennsylvania Air National Guard ("PaANG"), sought damages against his superiors and reinstatement to both positions. Relying...

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