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GANT v. BINDER

Nos. 84-2477, 84-2525.

766 F.2d 358 (1985)

Wallace GANT, Jr., Appellant, v. Edward C. BINDER, Adjutant General, Nebraska Army-Air National Guard; State of Nebraska; Robert Kerry, Governor of Nebraska; Lloyd Johnson, Brig. General, Chief of Staff NEANG; Richard Bertrand, Colonel and Commander, NEANG; James F. McMurray, Major, Base Services Officer, NEANG; Richard Wade, Executive Support Staff Officer, NEANG, and James F. Bryant; Vincent D. Brown; Robert M. Courtney; Mary J. Kight; Lowell D. Closner; Randolph M. Scott; Kenneth W. Orr; Jerome E. Dickey; Members of the Nebraska Enlisted Selective Retention Appeals Board; individually and in their official capacities, Appellees. Wallace GANT, Jr., Appellee, v. Edward C. BINDER, Adjutant General, Nebraska Army-Air National Guard, Appellant, State of Nebraska; Robert Kerry, Governor of Nebraska; Lloyd Johnson, Brig. General, Chief of Staff NEANG; Richard Bertrand, a Colonel and Commander, NEANG; James F. McMurray, Major, Base Services Officer, NEANG; Richard Wade, Executive Support Staff Officer, NEANG; and James F. Bryant; Vincent D. Brown, Robert M. Courtney; Mary J. Kight; Lowell D. Closner; Randolph M. Scott; Kenneth W. Orr; Jerome E. Dickey, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided June 28, 1985.

Attorney(s) appearing for the Case

Clyde A. Christian, Omaha, Neb., for appellant.

Bernard L. Packett, Asst. Atty. Gen., and Paul W. Madgett, Omaha, Neb., for appellees.

Before HEANEY, Circuit Judge, HENLEY, Senior Circuit Judge, and McMILLIAN, Circuit Judge.

PER CURIAM.

Wallace Gant, Jr. appeals from a judgment of the district court1 dismissing his claims that he was denied re-enlistment in the Nebraska Army-Air National Guard (NEANG) because of his race and in violation of due process. 596 F.Supp. 757 (1984). After carefully reviewing the issues raised by Gant on appeal, we find that:

(1) The district...

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