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OLSON v. NATIONAL GUARD

No. 12307.

503 P.2d 24 (1972)

Lt. Colonel Henry S. OLSON, Plaintiff and Appellant, v. The NATIONAL GUARD of the State of Montana et al., Defendants and Respondents.

Supreme Court of Montana.

Decided November 13, 1972.

Attorney(s) appearing for the Case

Smith, Emmons & Baillie, Barry T. Olson argued, Great Falls, for plaintiff and appellant.

William H. Clarke argued, Helena, Dirk Larsen argued, Great Falls, Robert L. Woodahl, Atty. Gen., J.C. Weingartner, Asst. Atty. Gen., argued, Helena, for defendants and respondents.

JOHN C. HARRISON, Justice.

This is an appeal from an order of the district court of the eighth judicial district, Cascade County, dismissing a two count complaint for the reason that the state court lacked jurisdiction.

Appellant, Lt. Col. Henry S. Olson, filed suit in the district court seeking to have his discharge from the Montana Air National Guard declared invalid. Lt. Col. Olson had been an officer in the Air National Guard since 1954, and had prior...

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