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COSTNER v. OKLAHOMA ARMY NAT. GUARD

No. 86-1704.

833 F.2d 905 (1987)

Samuel W. COSTNER, Plaintiff-Appellant, v. OKLAHOMA ARMY NATIONAL GUARD; Robert M. Morgan, individually and in his official capacity, Defendants-Appellees, and Robert E. Clark, individually and in his official capacity; William E. Gibson, individually and in his official capacity; Charles E. Frazier, individually and in his official capacity, Defendants.

United States Court of Appeals, Tenth Circuit.

November 25, 1987.

Attorney(s) appearing for the Case

Lewis Barber, Jr. and George P. Traviolia of Barber and Traviolia, Oklahoma City, Okl., for plaintiff-appellant.

Robert H. Henry, Atty. Gen., State of Okl., and Beverley Quarles Watts, Asst. Atty. Gen., State of Okl., Oklahoma City, Okl., for defendants and defendants-appellees.

Before McKAY and BALDOCK, Circuit Judges, and GREENE, District Judge.

PER CURIAM.

After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.8(c) and 27.1.2. The cause is therefore ordered submitted without oral argument.

Plaintiff Samuel Costner seeks to appeal the dismissal of his complaint against the Oklahoma National Guard and Robert M. Morgan...

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