CALHOUN v. DOSTER

Civ. A. No. 3260-N.

324 F.Supp. 736 (1971)

John B. CALHOUN, Plaintiff, v. Maj. Gen. G. Reid DOSTER, individually, and as Commander of the Alabama Air National Guard and as Base Detachment Commander of Sumpter Smith Air National Guard Base, Col. James E. Hardwick, individually and as Executive Officer of the 117th TAC Recon Wing, Alabama Air National Guard and as Base Detachment Commander of Dannelly Air National Guard Base, Col. Henry Fillingim, Jr., individually and as Group Commander of the 187th TAC Recon Group, Alabama Air National Guard and as Operations Supervisor of Dannelly Air National Guard Base, Lt. Col. William R. Turnipseed, individually and as Deputy Commander of Operations, 187th TAC Recon Group, Alabama Air National Guard and as Flying Training Instructor, Dannelly Air National Guard Base, Col. Alfred B. Gurley, individually and as Administrative Personnel Officer of Sumpter Smith Air National Guard Base, Col. Lawrence A. Doyle, individually and as Wing Commander of the 117th TAC Recon Wing, Alabama Air National Guard, Lt. Col. Thomas N. McElrath, individually and as Commander of 187th Camron, Alabama Air National Guard and as Chief of Maintenance, Dannelly Air National Guard Base, Defendants.

United States District Court, M. D. Alabama, N. D.

February 19, 1971.


Attorney(s) appearing for the Case

Marlin Mooneyham and William S. Mooneyham, Montgomery, Ala., for plaintiff.

L. Drew Redden, Rogers, Howard, Redden & Mills, Birmingham, Ala., for Maj. Gen. G. Reid Doster, Col. Alfred B. Gurley and Col. Lawrence A. Doyle.

William B. Moore, Jr., Rushton, Stakely, Johnston & Garrett, Montgomery, Ala., and Thomas R. Elliott, Jr., London, Yancey, Clark & Allen, Birmingham, Ala., for Col. James E. Hardwick, Col. Henry Fillingim, Jr., Lt. Col. William R. Turnipseed and Lt. Col. Thomas N. McElrath.


OPINION

JOHNSON, Chief Judge.

This is a civil action seeking injunctive relief and damages against the named defendants, prohibiting them from infringing upon the constitutional rights of the plaintiff. Jurisdiction of the Court is invoked under 28 U.S.C.A. §§ 1331 and 1343 and 42 U.S.C.A. §§ 1983 and 1985. The plaintiff, John B. Calhoun, is a Major in the Alabama Air National Guard and is...

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