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LINDENAU v. ALEXANDER

No. 80-1066.

663 F.2d 68 (1981)

Irene LINDENAU, Plaintiff-Appellant, v. Clifford ALEXANDER, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided October 28, 1981.

Attorney(s) appearing for the Case

Ann Yalman, Santa Fe, N. M., for plaintiff-appellant.

Captain Richard D. Rosen, Litigation Div., Dept. of the Army, Washington, D.C. (John W. Matthews, Litigation Div., Dept. of the Army, Washington, D.C., on the brief, Ronald F. Ross, Asst. U. S. Atty., D.N.M., Albuquerque, N.M., Colonel Arnold I. Melnick, and Major M. Scott Magers, Litigation Div., Washington, D.C., of counsel), for federal defendants-appellees.

Reginald J. Storment, Asst. Atty. Gen., State of N.M., Santa Fe, N.M. (Jeff Bingaman, Atty. Gen. and Vernon O. M. Henning, Asst. Atty. Gen., Santa Fe, N.M., on the brief), for state defendants-appellees.

Before SETH, Chief Judge, and HOLLOWAY and McKAY, Circuit Judges.

SETH, Chief Judge.

Plaintiff-appellant Irene Lindenau enlisted in the New Mexico Army National Guard on September 10, 1976. She previously served in the United States Navy. At the time appellant enlisted in the National Guard she was a divorced mother with custody of her two minor children. She arranged for child care with her parents while she trained and served with the National Guard. However, at the time of appellant's enlistment the Army National Guard had a...

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