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KARR v. CASTLE

Civ. A. No. 88-466 MMS.

768 F.Supp. 1087 (1991)

Jon T. KARR, Plaintiff, v. The Honorable Michael N. CASTLE, Governor of Delaware; Brigadier General Oscar E. Trivits, the Assistant Adjutant General for Army; Colonel Anthony J. Quattro, Chief of Staff for Army; Lieutenant Colonel Norman V. Cochran, Deputy Director of Personnel for Army, ex officio and in personam, their successors and assigns; Major General Arthur Episcopo, the Adjutant General of Delaware, ex officio; Major General Joseph M. Lank, in personam; the Department of Military Affairs, and the State of Delaware, Defendants, and United States of America, Intervening Defendant.

United States District Court, D. Delaware.

July 19, 1991.

Attorney(s) appearing for the Case

John S. Malik, Wilmington, Del., John D. McLaughlin, Jr., Goshen, Ky., for plaintiff.

John J. Polk, Deputy Atty. Gen., Dept. of Justice, Wilmington, Del., for defendants.

William C. Carpenter, Jr., U.S. Atty., Kent A. Jordan, Asst. U.S. Atty., Dept. of Justice, Wilmington, Del., Stuart M. Gerson, Asst. Atty. Gen., Vincent M. Garvey, and Lisa A. Olson, of Justice, Civ. Div., Washington, D.C. (Jill M. Grant, Captain, U.S. Army, of counsel), for intervening defendant U.S.

MURRAY M. SCHWARTZ, Senior District Judge.

This suit was filed by plaintiff Karr against various State and Delaware Army National Guard ("DEARNG") officers (the "State defendants") asserting, among other things, violation of Karr's constitutional rights in connection with his involuntary separation from the Active Guard/Reserve ("AGR") program. On August 31, 1990, the court issued an opinion ("August 31 Opinion") resolving the parties' cross-motions for summary judgment...

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