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LEMMON v. SANTA CRUZ COUNTY, CAL.

No. C-86-20176-SW.

686 F.Supp. 797 (1988)

David William LEMMON, Plaintiff, v. COUNTY OF SANTA CRUZ, CALIFORNIA, Defendant.

United States District Court, N.D. California, San Jose Division.

May 12, 1988.

Attorney(s) appearing for the Case

Judith A. Whetstine, Asst. U.S. Atty., San Francisco, Cal., William H. Berger, U.S. Dept. of Labor, Atlanta, Ga., of counsel, for plaintiff.

Dwight L. Herr, County Counsel, Jonathan Wittwer, Chief Asst. County Counsel, Santa Cruz, Cal., for defendant.

BACKGROUND

SPENCER WILLIAMS, District Judge.

Santa Cruz County Sheriff's Department initially employed plaintiff David William Lemmon in an "other than temporary position" on November 9, 1967. He had previously been employed as a full-time temporary employee from July 1964 to October 1965. At the time of his permanent employment in 1967, plaintiff was a member of the United States Army Reserve (hereinafter the USAR), having previously served on active duty...

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