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SIMPSON v. UNITED STATES

No. 75 Civ. 5462.

467 F.Supp. 1122 (1979)

Robert D. SIMPSON, George Saddlemire, John F. Harrison, Gregory A. Tavano, Joseph W. Bowman, Guy A. Annunziato, Raymond J. Lutz, Robert Schnurr, Edward F. Murphy, John F. Kennedy, Francis J. Tavano, Frank R. Marrazzulla and Baremeo Hurley, Plaintiffs, v. UNITED STATES of America, Donald E. Rumsfeld, Secretary of Defense, United States of America, Martin R. Hoffman, Secretary of the Army, United States of America, Laverne E. Weber, Major General, United States Army, Chief, National Guard Bureau, United States of America, and State of New York, John C. Baker, Major General, New York Army National Guard, Chief of Staff to the Governor of the State of New York, Division of Military and Naval Affairs, State of New York, Defendants.

United States District Court, S. D. New York.

April 6, 1979.

Attorney(s) appearing for the Case

Townley & Updike, New York City, for plaintiffs; Kenneth J. McCulloch, Rory J. McEvoy, New York City, of counsel.

Robert B. Fiske, Jr., U. S. Atty., S.D. N.Y., New York City, for defendants; John M. O'Connor, Asst. U. S. Atty., New York City, Capt. Roy L. Dodson, Dept. of the Army, of counsel.

LASKER, District Judge.

The National Guard Technicians Act1 provides that a National Guard technician, who is a full time civilian employee of the National Guard, must be a member of the National Guard, and that a technician who is separated from the Guard "shall be promptly separated from his technician employment." 32 U.S.C. § 709(b), (e)(1). The plaintiffs are former National Guard technicians who lost their civilian employment...

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