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SPENCE v. HOLESINGER

No. 87-1020.

693 F.Supp. 703 (1988)

William L. SPENCE, Plaintiff, v. Major General Harold HOLESINGER, John R. Phipps, William Davis, William Troy, and Ronald Ballow, Defendants.

United States District Court, C.D. Illinois, Peoria Division.

July 29, 1988.

Attorney(s) appearing for the Case

David W. Stuckel, Harvey & Stuckel, Peoria, Ill., Samuel L. Spear, Spear Wilderman Sigmond Borish, Endy & Silverstein, Philadelphia, Pa., for plaintiff.

Bradley W. Murphy, Asst. U.S. Atty., Peoria, Ill., Wayne S. Carlson, Major, ILANG, Staff Judge Advocate, Military and Naval Dept., Springfield, Ill., for defendants.

ORDER

MIHM, District Judge.

This case involves sensitive questions as to the authority of federal courts to adjudicate personnel disputes within the National Guard. In particular, this case tests the parameters of that authority where the denial of re-enlistment of a Guardman is alleged to be violative of his constitutional rights. The case is presently before the Court on the Motion of Defendants to Dismiss Plaintiff's Complaint pursuant to Rule 12(b)(6...

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