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JORDEN v. NATIONAL GUARD BUREAU

No. 88-1955.

877 F.2d 245 (1989)

JORDEN, Jr., Ulus, Appellant, v. NATIONAL GUARD BUREAU, Departments of the Army and The Air Force, Temple, Herbert R., Jr., Major General (PA), The Adjutant General, Commonwealth of Pennsylvania; Campbell, John D., individually and as Colonel, Pennsylvania Air National Guard Base Detachment Commander; and Frisby, Henry C., individually and as Major, Pennsylvania Air National Guard Chief, Administration.

United States Court of Appeals, Third Circuit.

Decided June 6, 1989.

Attorney(s) appearing for the Case

Frank Finch, III (argued), and McDaniel, Dade, Wheeler & Walwyn, Philadelphia, Pa., for appellant.

Paul C. Clark, Captain (argued), U.S. Air Force, Trial Atty., General Litigation Div., Office of the Judge Advocate Gen., Washington, D.C., Michael M. Baylson, U.S. Atty., James G. Sheehan and Lois W. Davis, Asst. U.S. Attys., U.S. Attorney's Office, Philadelphia, Pa., for appellee, Herbert R. Temple, Jr.

Ernest D. Preate, Atty. Gen., John G. Knorr, III, Chief Deputy Atty. Gen., Chief, Litigation Section, Gwendolyn T. Mosley (argued), and Kate L. Mershimer, Deputy Attys. Gen, Office of Atty. Gen., Harrisburg, Pa., for appellees, Sajer, John D. Campbell, and Henry C. Frisby.

Before SEITZ, SLOVITER and GREENBERG, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

The plaintiff, Ulus Jorden, Jr., appeals from the district court's order of summary judgment of October 25, 1988, in favor of the defendants on his First Amendment claim, arising from the termination of his employment with and discharge from the Pennsylvania Air National Guard [PaANG], and from the district court's order of October 19, 1988, denying his motion for entry of default judgments against the

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