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THORNTON v. COFFEY

No. 78-1702.

618 F.2d 686 (1980)

Henry D. THORNTON, Plaintiff-Appellee, v. Maj. Gen. John COFFEY, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided March 28, 1980.

Attorney(s) appearing for the Case

Alfred Mollin, Atty., Dept. of Justice, Civil Division, App. Staff, Washington, D. C. (Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., Larry D. Patton, U. S. Atty., Oklahoma City, Okl., and Robert E. Kopp, Atty., Dept. of Justice, Civil Division, App. Staff, Washington, D. C., with him on the brief), for defendant-appellant.

Lewis Barber, Jr., Oklahoma City, Okl., for plaintiff-appellee.

Before BARRETT, DOYLE and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

Henry David Thornton, a black, filed this action in district court seeking injunctive and monetary relief for alleged racial discrimination and retaliation by the Oklahoma National Guard, in violation of Title VII of the Civil Rights Act, 42 U.S.C. § 2000e-16.

Thornton served in the regular Army from 1961 through 1970. In January, 1971, he joined the Oklahoma National Guard as a Captain, serving as a part-time or weekend soldier...

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