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KISE v. DEPARTMENT OF MILITARY

832 A.2d 987 (2003)

Galen E. KISE v. DEPARTMENT OF MILITARY and Veterans Affairs and the Adjutant General of Pennsylvania. Appeal of Department of Military and Veterans Affairs.

Supreme Court of Pennsylvania.

Decided September 25, 2003.

Attorney(s) appearing for the Case

Mary Catherine Frye, Harrisburg, for amicus curiae U.S. Department of Justice.

Eclemus Wright, Kenneth Scott Roy, Michael Clark Barrett, James M. Sheehan, Annville, for Department of Military and Veterans Affairs.

Edward George Smith, Wendy Ann Nicolosi, for Galen E. Kise.

Before CAPPY, Cheif Justice, and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and LAMB, JJ.

OPINION

Justice SAYLOR.

In this appeal, we consider the availability and appropriate breadth of state appellate review of a military personnel action in the form of an involuntary separation for cause from the "Active Guard/Reserve" program of the Army National Guard and Army Reserve.

For fifteen years, Appellee Staff Sergeant Galen Kise ("Kise") served as an enlisted member of the National...

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