FURMAN v. EDWARDS

Civ. A. No. 87-66.

657 F.Supp. 1243 (1987)

Leroy F. FURMAN v. Donald E. EDWARDS, Individually and in his official capacity as Adjutant General of the Vermont Army National Guard and the State of Vermont.

United States District Court, D. Vermont.

April 16, 1987.


Attorney(s) appearing for the Case

Mark L. Sperry, Langrock, Sperry, Parker & Wool, Burlington, Vt., for plaintiff.

William B. Gray, Sheehey, Brue, Gray & Furlong, Burlington, Vt., for defendant.


OPINION AND ORDER

BILLINGS, District Judge.

On March 23, 1987, defendants filed with this Court a motion to dismiss under Fed.R. Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted. Plaintiff opposed the motion on April 8, 1987. For the reasons discussed below, the motion is GRANTED, and the complaint is dismissed without prejudice.

Plaintiff was a member of the Vermont Army National Guard from 1955 until October 1986, having...

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