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NAVAS v. GONZALEZ VALES

No. 84-1501.

752 F.2d 765 (1985)

Luis S. NAVAS, Plaintiff, Appellant, v. Luis GONZALEZ VALES, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided January 18, 1985.

Attorney(s) appearing for the Case

Carlos Del Valle, San Juan, P.R., with whom Manuel A. Quilichini and Lespier, Munoz Noya & Ramirez, Hato Rey, P.R., were on brief for plaintiff, appellant.

John Rogers, Atty., Dept. of Justice, Washington, D.C., with whom Daniel F. Lopez Romo, U.S. Atty., Hato Rey, P.R., Richard K. Willard, Acting Asst. Atty. Gen., Anthony J. Steinmeyer, Atty., Dept. of Justice, and Major Anthony V. James, Atty., Dept. of the Army, Washington, D.C., were on brief for Federal defendants, appellees.

Gerardo Mariani, Asst. Sol. Gen., San Juan, P.R., with whom Raul Barrera Morales, Acting Sol. Gen., San Juan, P.R., was on brief for defendant, appellee Commonwealth of Puerto Rico.

Before CAMPBELL, Chief Judge, ALDRICH and TIMBERS, Senior Circuit Judges.

LEVIN H. CAMPBELL, Chief Judge.

Plaintiff Luis S. Navas Davila appeals from a judgment of the United States District Court for the District of Puerto Rico dismissing Navas's claims challenging his separation from the Puerto Rico National Guard ("PRNG"). 592 F.Supp. 757. The material facts are uncontested.

Navas served with the PRNG for 34 years, the last 26 as a commissioned officer. When this case arose, his continued...

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