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HOLMES v. CALIFORNIA ARMY NAT. GUARD

No. C 95-688 SBA.

920 F.Supp. 1510 (1996)

First Lieutenant Andrew HOLMES, Plaintiff, v. CALIFORNIA ARMY NATIONAL GUARD; Major Tandy K. Bozeman, in his official capacity; Governor Pete Wilson, in his official capacity; United States Army National Guard; United States of America; and William J. Perry, Secretary of Defense, in his official capacity, Defendants.

United States District Court, N.D. California.

March 29, 1996.

Attorney(s) appearing for the Case

Todd E. Thompson,* L. Jay Kuo,* Howard, Rice, Nemerovski, Canady, Falk & Rabin, San Francisco, CA, Paul Freud Wotman,* Law Offices of Paul Wotman, San Francisco, CA, for plaintiff.

Frank W. Hunger, Assistant Attorney General, Mark T. Quinlavin, Special Asst. United States Attorney,* U.S. Dept. of Justice, Washington D.C., for defendants United States Army National Guard, United States of America, William J. Perry, Secretary of Defense.

Daniel E. Lungren, Attorney General of the State of California, Andrew F. Loomis, Deputy Attorney General,* Sacramento, CA, for defendants California Army National Guard, Major Tandy K. Bozeman, Governor Pete Wilson.

ORDER

ARMSTRONG, District Judge.

OVERVIEW

Plaintiff, First Lieutenant Andrew Holmes ("plaintiff' or "Lt. Holmes") brings this action to challenge his discharge from the California Army National Guard ("CANG") and the United States Army National Guard ("USANG"). Lt. Holmes was expelled from service pursuant to the military's current policy governing homosexuals after plaintiff acknowledged his homosexuality to his commanding officer...

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