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COVINGTON v. ANDERSON

No. 72-1085.

487 F.2d 660 (1973)

Marcus COVINGTON, Jr., Plaintiff-Appellant, v. Donald ANDERSON, Adjutant General of the Military Department of the State of Oregon, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

November 12, 1973.

Attorney(s) appearing for the Case

Don H. Marmaduke, Charlen Merten (argued), Portland, Or., for plaintiff-appellant.

Lee Johnson, Atty. Gen., E. Nordyke, Asst. Atty. Gen., Portland, Or., John W. Osburn (argued), Salem, Or., for defendants-appellees.

Before MERRILL and TRASK, Circuit Judges, and JAMESON, District Judge.

JAMESON, District Judge:

This appeal is from an order granting summary judgment in favor of defendants-appellees in an action by plaintiff-appellant, Marcus Covington, Jr., seeking declaratory and injunctive relief and damages for his suspension from flight status as a jet pilot with the Oregon Air National Guard (OANG). The defendants-appellees are officials of the Oregon Military Department.

Defendants filed a motion to dismiss1

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