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CHRISTOFFERSEN v. WASHINGTON STATE AIR NAT. GUARD

No. 85-4315.

855 F.2d 1437 (1988)

Alfred P. CHRISTOFFERSEN; William J. Gibson; Richard F. Main; and John R. Warn, Plaintiffs-Appellants, v. WASHINGTON STATE AIR NATIONAL GUARD; The Adjutant General of Washington State, Major General George Coates; Major General Robert J. Collins; The Washington State Treasurer, Robert S. O'Brien, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 31, 1988.

Attorney(s) appearing for the Case

Charles Matthew Anderson, Winston & Cashatt, Spokane, Wash., for plaintiffs-appellants.

John E. Lamp, U.S. Atty., and James R. Shively, Asst. U.S. Atty., Spokane, Wash., Lt. Col. Guy J. Sternal, Staff Judge Advocate, USAF, McCord AFB, Washington, D.C.; Ceil Holuk, Asst. Atty. Gen., Olympia, Wash., for defendants-appellees.

Before POOLE, NORRIS and BEEZER, Circuit Judges.

POOLE, Circuit Judge:

Appellants are four former officers and civilian technicians of the Washington State Air National Guard (the Guard, or Washington Guard) who were selected for "nonretention" in the Guard by state Adjutant General Robert Collins pursuant to Air National Guard Regulation (ANGR) 36-06. They were subsequently terminated as federal civil servants. Appellants brought this action under 42 U.S.C. § 1983 against General Collins and the Guard claiming...

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