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U.S. EX REL. KARR v. CASTLE

Civ. A. No. 88-466 MMS.

746 F.Supp. 1231 (1990)

UNITED STATES of America, ex rel. Captain Jon T. KARR, Plaintiff, v. The Honorable Michael N. CASTLE, Governor of Delaware; Brigadier General Oscar E. Trivits, the Assistant Adjutant General for Army; Colonel Anthony J. Quattro, Chief of Staff for Army; Lieutenant Colonel Norman V. Cochran, Deputy Director of Personnel for Army, ex officio and in personam, their successors and assigns; Major General Arthur Episcopo, The Adjutant General of Delaware, ex officio; Major General Joseph M. Lank, in personam; The Department of Military Affairs, and The State of Delaware, Defendants.

United States District Court, D. Delaware.

August 31, 1990.

Attorney(s) appearing for the Case

John S. Malik, Wilmington, Del., John D. McLaughlin, Jr., Goshen, Ky., for plaintiff.

John J. Polk, Deputy Atty. Gen., Dept. of Justice, Wilmington, Del., for defendants.

OPINION

MURRAY M. SCHWARTZ, Senior District Judge.

This action stems from the involuntary separation of Jon T. Karr (hereinafter "Karr"), a former Captain with the Delaware Army National Guard ("DEARNG"), from a three year tour in the Active Guard/Reserve ("AGR") as Recruiting and Induction Officer, Delaware Army National Guard, based on substandard performance and dereliction of duty. In this action, plaintiff alleges that he was unlawfully discharged in...

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