LASHER v. SHAFER

No. 71-1334.

460 F.2d 343 (1972)

Milton LASHER, Appellant, v. Raymond P. SHAFER et al.

United States Court of Appeals, Third Circuit.

Decided May 11, 1972.


Attorney(s) appearing for the Case

John R. Cook, Pittsburgh, Pa., for appellant.

J. Justin Blewitt, Jr., Asst. Deputy Atty. Gen., Justice Dept., Harrisburg, Pa. (J. Shane Creamer, Atty. Gen., Com. of Pa., J. Sherman McLaughlin, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., on the brief), for appellees.

Before ADAMS, GIBBONS and HUNTER, Circuit Judges.


OPINION OF THE COURT

GIBBONS, Circuit Judge.

Appellant's complaint asserts federal jurisdiction under 28 U.S.C. § 1343. The district court granted the motion of the defendants-appellees to dismiss for lack of federal jurisdiction. This appeal followed. The allegations of the complaint, which in this posture of the case must be taken as true, are as follows: Appellant is a technician employee of the Pennsylvania Air National Guard, and as a requirement...

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