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LOVELL v. HENG

Nos. 89-1492, 89-1591.

890 F.2d 63 (1989)

Thomas R. LOVELL III, Appellant, v. Stanley M. HENG, as Adjutant General of the Nebraska National Guard and individually; Gale A. Shields, as Chief of Staff of the Nebraska Army National Guard and individually; Larry K. Eckles, as Director of Military Personnel and Administration for the Nebraska Army National Guard and individually; Thomas P. Kay, as a Lt. Colonel in the Nebraska Army National Guard and individually; Kay A. Orr, Governor of the State of Nebraska and Commander in Chief of the Nebraska National Guard; State of Nebraska; and the National Guard Bureau, Appellees. Thomas R. LOVELL III, Appellee, v. Stanley M. HENG, as Adjutant General of the Nebraska National Guard and individually; Gale A. Shields, as Chief of Staff of the Nebraska Army National Guard and individually; Larry K. Eckles, as Director of Military Personnel and Administration for the Nebraska Army National Guard and individually; Thomas P. Kay, as a Lt. Colonel in the Nebraska Army National Guard and individually; Kay A. Orr, Governor of the State of Nebraska and Commander in Chief of the Nebraska National Guard; State of Nebraska; and the National Guard Bureau, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided November 17, 1989.

Attorney(s) appearing for the Case

Donald B. Stenberg, Lincoln, Neb., for appellant.

Col. Walter E. Zink, II, Lincoln, Neb., for appellees.

Before LAY, Chief Judge, ROSS, Senior Circuit Judge, and ARNOLD, Circuit Judge.

ROSS, Senior Circuit Judge.

Appellant Thomas R. Lovell, III appeals a district court decision dismissing his 42 U.S.C. § 1983 claims against certain Nebraska Army National Guard officers, the State of Nebraska and the National Guard Bureau (collectively referred to as appellees) challenging his involuntary removal from his full-time position in the Active Guard Reserve (AGR) program of the Nebraska National Guard. Appellant brought this action in federal district...

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