PERPICH v. U.S. DEPT. OF DEFENSE

No. 3-87 CIV 54.

666 F.Supp. 1319 (1987)

Rudy PERPICH, Governor of the State of Minnesota, and the State of Minnesota, by its Attorney General, Hubert H. Humphrey, III, Plaintiffs, v. UNITED STATES DEPARTMENT OF DEFENSE; United States Department of the Air Force; United States Department of the Army; National Guard Bureau; Caspar W. Weinberger, Secretary of Defense; John O. Marsh, Jr., Secretary of the Army; Edward C. Aldridge, Secretary of the Air Force, and Lieutenant General Herbert R. Temple, Jr., Chief, National Guard Bureau, Defendants.

United States District Court, D. Minnesota, Third Division.

August 4, 1987.


Attorney(s) appearing for the Case

Richard K. Willard, Asst. Atty. Gen. and Jerome G. Arnold, U.S. Atty. by Vincent M. Garvey, Leslie K. Shedlin, Washington, D.C., and John Lee, Minneapolis, Minn., for defendants.

Hubert H. Humphrey, III, Atty. Gen., for the State of Minn. by John R. Tunheim and Peter M. Ackerberg, St. Paul, Minn., for plaintiffs.


MEMORANDUM ORDER

ALSOP, Chief Judge.

This matter came before the court on June 15, 1987, upon motions brought by both sides to the lawsuit. Defendants move for a dismissal for failure to state a claim upon which relief can be granted. Fed.R.Civ.P. 12(b)(6). Because defendants submitted materials outside the pleadings, the court shall treat this motion as one for summary judgment. Fed.R.Civ.P. 12(b). For their part, plaintiffs move the court for summary judgment...

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