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FARMER v. MABUS

No. 91-1274.

940 F.2d 921 (1991)

Arthur J. FARMER, Plaintiff-Appellee, v. Ray MABUS, as Governor of the State of Mississippi, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 20, 1991.

Attorney(s) appearing for the Case

Stephen J. Kirchmayr, Jr., Robert E. Sanders, Asst. Attys. Gen. and Mike Moore, Atty. Gen., Jackson, Miss., for defendant-appellant.

Shirley Payne and Dennis L. Horn, Horn & Payne, Jackson, Miss., for plaintiff-appellee.

Before REYNALDO G. GARZA, POLITZ, and JONES, Circuit Judges.

POLITZ, Circuit Judge:

Ray Mabus, the governor of Mississippi, appeals an adverse grant of declaratory and injunctive relief in favor of Major General Arthur J. Farmer,1 the Adjutant General of the Mississippi National Guard, enjoining the governor from continuing to deny General Farmer the exercise of executive authority over the state National Guard. Concluding that the issue is not justiciable in a federal forum and that the matter...

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