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DiLUIGI v. KAFKALAS

Nos. 77-2433, 77-2434.

584 F.2d 22 (1978)

Pasquale DiLUIGI, Appellant in 77-2433, v. Major General Nicholas P. KAFKALAS, Individually and in his capacity as Adjutant General of Pennsylvania, Appellant in 77-2434.

United States Court of Appeals, Third Circuit.

Decided September 19, 1978.

Attorney(s) appearing for the Case

Warren J. Borish, Bruce E. Endy, Meranze, Katz, Spear & Wilderman, Philadelphia, Pa., for appellant, Pasquale Di Luigi.

Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., S. John Cottone, U. S. Atty., Scranton, Pa., William Kanter, Paul Blankenstein, Appellate Section, Civil Div., Dept. of Justice, Washington, D. C., for appellant, Major General Nicholas P. Kafkalas.

Before ADAMS, WEIS and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

Whether a newly appointed National Guard technician has a property interest in his employment is the nub of this appeal. The district court determined that administrative regulations imposing a period of probation without tenure were inconsistent with a statutory provision that an employee may be discharged only for cause.1 After an analysis of statutory purposes and legislative history...

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