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HALL v. FRY

No. 74-1132.

509 F.2d 1105 (1975)

Timothy Wayne HALL, Plaintiff-Appellant, v. Edward R. FRY, Lieutenant General, the Adjutant General, State of Kansas, and Robert F. Froehlke, Secretary of Army, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided January 29, 1975.

Attorney(s) appearing for the Case

Jim Lawing, Wichita, Kan., for plaintiff-appellant.

John T. Moore, Asst. Atty. Gen. (Vern Miller, Atty. Gen., and Jerry R. Shelor, Asst. Atty. Gen., on the brief), for defendant-appellee Edward R. Fry.

W. Irving Shaw, Asst. U.S. Atty. (Robert J. Roth, U.S. Atty., on the brief), for defendant-appellee Robert F. Froehlke.

Before LEWIS, Chief Judge, and BREITENSTEIN and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

This appeal concerns the involuntary activation into the United States Army of a member of the National Guard. Timothy Wayne Hall, a member of the Kansas National Guard, accumulated more than five unexcused absences from scheduled drills within a one-year period, and as a result thereof he was honorably discharged from the Guard, and at the same time was involuntarily activated into the United States Army. It is this latter fact which precipitates...

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