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SEBRA v. NEVILLE

No. 85-2697.

801 F.2d 1135 (1986)

Major Nelson SEBRA, Plaintiff-Appellant, v. William NEVILLE, 144th FIW Commander, California Air National Guard; Willard Shank, Adjutant General, California National Guard; Robert Thrasher, Assistant Adjutant General, California National Guard, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 3, 1986.

Attorney(s) appearing for the Case

Barry J. Bennett, Joby Dupuis, Bennett & Sharpe, Fresno, Cal., for plaintiff-appellant.

James White, Asst. U.S. Atty., Fresno, Cal., Paul Dobson, Asst. Atty. Gen., Sacramento, Cal., for defendants-appellees.

Before WRIGHT, FARRIS, Circuit Judges, and RHOADES, District Judge.

FARRIS, Circuit Judge:

Major Nelson Sebra appeals from the district court's order denying his application for a preliminary injunction enjoining the California National Guard from transferring him from a Fresno base to a Riverside base. He also appeals from the district court's grant of summary judgment to the three superior officers who Sebra alleges were responsible for his transfer. Sebra sued the three superior officers, alleging due process and first amendment...

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