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JACKSON CTY., MO. v. JONES

No. 77-1739.

571 F.2d 1004 (1978)

JACKSON COUNTY, MISSOURI, Kansas City, Missouri, State of Missouri ex rel. John Ashcroft, Attorney General, State of Kansas ex rel. Curt T. Schneider, Attorney General, Mid-America Regional Council, Cass County, Missouri, Johnson County, Kansas, Kansas City, Kansas, Robert L. McDowell, Karyn S. McDowell, Robert J. Mihalovic, Gerald L. Purkey, Sevilla A. Purkey, Charlene M. Tunnell, John E. Begley, Myrel H. Begley, Fred Zagaruyka, Katherine F. Zagaruyka, Carolanne L. Beshoner, Joseph A. Lombino, Wanda R. Lombino, Jacqueline Unger, James E. Stout and American Federation of Government Employees (AFL-CIO), Local 2127, Richards-Gebaur Air Force Base, Missouri, Appellants, v. General David C. JONES, USAF, Chief of Staff of the United States Air Force, John C. Stetson, Secretary of the Department of the Air Force of the United States, Department of the Air Force of the United States, General George S. Brown, USAF, Chairman of the Joint Chiefs of Staff of the United States, Dr. Harold Brown, Secretary of the Department of Defense of the United States, and Department of Defense of the United States, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 7, 1978.

Attorney(s) appearing for the Case

Stanley P. Christopher, Deputy County Counselor (argued), and John Edward Cash, Associate County Counselor, Kansas City, Mo., on appendices and briefs, for appellants.

John F. Ingraham and Robert D. Munro, Asst. City Attys., Kansas City, Mo., J. Paul Allred, Jr., Asst. Atty. Gen., Jefferson City, Mo., Donald R. Hoffman, Chief Asst. Atty. Gen. and Donald E. Jensen, Asst. Atty. Gen., Topeka, Kan., Joseph James, William H. Bates, Lathrop, Koontz, Righter, Clagett, Parker & Norquist, Tom J. Helms, Kansas City, Mo., on appendices, for appellants.

Barbara M. Vache, Kansas City, Kan., for Local 2127.

Larry A. Boggs, Atty., Land and Natural Resources Division, App. Section, U. S. Dept. of Justice, Washington, D. C. (argued), James W. Moorman, Asst. Atty. Gen., and Edmund B. Clark, Atty. Dept. of Justice, Washington, D. C., on appendix and brief, for appellees.

Regina L. Sleater, Atty., Dept. of Justice, Washington, D. C., on appendix, for appellees.

Before HEANEY, WEBSTER and HENLEY, Circuit Judges.

HEANEY, Circuit Judge.

On November 22, 1974, the Secretary of the United States Air Force announced that the Air Force Communications Service (AFCS), with a complement of approximately 2,000 military personnel and 850 civilian employees, located at Richards-Gebaur Air Force Base near Kansas City, Missouri, would be moved to Scott Air Force Base near St. Louis, Missouri. It was also announced that the 442 Tactical Airlift Wing of the Air Force Reserve (442 TAW) would...

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