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KARR v. CARPER

Civ. A. No. 88-466 MMS.

818 F.Supp. 687 (1993)

Jon T. KARR, Plaintiff, v. The Honorable Thomas R. CARPER, Governor of Delaware; Brigadier Major General Arthur Episcopo, The Adjutant General of Delaware, ex officio; the Department of Military Affairs, and the State of Delaware, Defendants, and United States of America, Intervening Defendant.

United States District Court, D. Delaware.

March 31, 1993.

Attorney(s) appearing for the Case

John S. Malik, Wilmington, DE, for plaintiff.

John J. Polk, Deputy Atty. Gen., Department of Justice, Wilmington, DE, for defendants.

William C. Carpenter, Jr., U.S. Atty., Dept. of Justice, Wilmington, DE, Stuart M. Gerson, Asst. Atty. Gen., Vincent M. Garvey, and Lisa A. Olson, Dept. of Justice, Civil Div., Washington, DC; Of Counsel: Jill M. Grant, Captain, U.S. Army, for intervening defendant U.S.

OPINION

MURRAY M. SCHWARTZ, Senior District Judge.

INTRODUCTION

Plaintiff, Jon T. Karr ["Karr"], brought suit against defendants Governor Michael N. Castle, Major General Arthur Episcopo, the Department of Military Affairs and the State of Delaware alleging illegalities in his separation from Active Guard/Reserve status of the National Guard. The issues were significantly narrowed prior to trial. See Karr v. Castle,

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