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DIBBLE v. FENIMORE

No. 97-CV-1256 (LEK/RWS).

84 F.Supp.2d 315 (2000)

Donald J. DIBBLE, Plaintiff, v. Major General John H. FENIMORE, V; Secretary of the Air Force F. Whitten Peters, Defendants.

United States District Court, N.D. New York.

January 19, 2000.

Attorney(s) appearing for the Case

Gaffney, Schember Law Firm, Washington DC, Daniel M. Schember, of counsel, for plaintiff.

Hon. Eliot L. Spitzer, Attorney General of the State of New York, Department of Law, Albany, NY, Honorable Daniel French, United States Attorney, Albany, NY, James C. Woods, Assistant U.S. Attorney, Bruce J. Boivin, Assistant Attorney General, Daniel M. Schember, of counsel, for defendants.

MEMORANDUM-DECISION AND ORDER

KAHN, District Judge.

I. Background

Plaintiff Donald J. Dibble was a federal excepted service technician who was employed under 32 U.S.C. § 709 by the New York Air National Guard ("Air Guard" or "NYANG"). He was also a steward for his union at Stewart Air National Guard Base, the Association of Civilian Technicians, which has a collective bargaining agreement with the Air Guard. Although he was a...

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