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KOLKHORST v. TILGHMAN

Nos. 89-3501, 89-3502.

897 F.2d 1282 (1990)

Eric KOLKHORST, Plaintiff-Appellee, v. Edward TILGHMAN, Commissioner, Baltimore City Police Department; Baltimore City Police Department, Defendants-Appellants, Elizabeth H. Dole, Secretary of Labor, Amicus Curiae. Eric KOLKHORST, Plaintiff-Appellant, v. Edward TILGHMAN, Commissioner, Baltimore City Police Department; Baltimore City Police Department, Defendants-Appellees, Elizabeth H. Dole, Secretary of Labor, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided March 14, 1990.

Attorney(s) appearing for the Case

Otho M. Thompson, Associate Sol. (argued), Neal M. Janey, City Sol., and Ambrose T. Hartman, Deputy City Sol. (on brief), Baltimore, Md., for appellants.

Michael Lawrence Marshall (argued), Herbert R. Weiner (on brief), Schlachman, Belsky & Weiner, P.A., Baltimore, Md., for appellee.

Edward T. Morris (argued), Robert P. Davis, Sol. of Labor, John F. Depenbrock, Associate Sol., Barton S. Widom, Deputy Associate Sol., Helene Boetticher (on brief), Counsel for Litigation, U.S. Dept. of Labor, Washington, D.C., for amicus curiae.

Before ERVIN, Chief Judge, WILKINSON, Circuit Judge, and YOUNG, Senior United District Judge for the District of Maryland, sitting by designation.

ERVIN, Chief Judge:

Eric Kolkhorst ("Kolkhorst"), a police officer, brought this action for declaratory and monetary relief against his employer, the Baltimore City Police Department (the "Department"), and Bishop L. Robinson, the Department's Police Commissioner (the "Commissioner"), contending that his right, under 38 U.S.C. § 2024(d), to become an active member of the Marine Corps reserves was violated by a Department policy limiting to one hundred the number...

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