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BATES v. STATE OF WIS.

No. 93-C-0470.

823 F.Supp. 633 (1993)

Julian F. BATES, Plaintiff, v. STATE OF WISCONSIN; Wisconsin Air National Guard; Jerald D. Slack, individually and in his official capacity as the Adjutant General of the State of Wisconsin; and Eugene A. Schmitz, individually and in his official capacity as the Commander, 128th Air Refueling Group, Wisconsin Air National Guard, General Mitchell Field, Defendants.

United States District Court, E.D. Wisconsin.

June 7, 1993.

Attorney(s) appearing for the Case

Walter F. Kelly, Sutton & Kelly, Milwaukee, WI, for plaintiff.

Major Terence J. McArdle, Asst. Staff Judge Advocate, Headquarters, WI National Guard, WING-SJA, Madison, WI, Nadim Sahar, Asst. Atty. Gen., Milwaukee, WI, for defendants.

DECISION AND ORDER

RANDA, District Judge.

This matter comes before the Court on Plaintiff's Motion for a Preliminary Injunction seeking to prevent his involuntary separation from active status in the Air Wisconsin Guard and the concurrent termination of his employment as a Guard technician. On March 12, 1993, Plaintiff, Colonel Julian F. Bates ("Colonel Bates"), received notice that his mandatory, involuntary separation would be effective May 18, 1993 due...

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