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WRIGHT v. PARK

No. 93-1206.

5 F.3d 586 (1993)

Richard L. WRIGHT, Plaintiff, Appellant, v. Ernest C. PARK, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 4, 1993.

Attorney(s) appearing for the Case

Peter A. Anderson, Bangor, ME, for appellant.

Michael M. DuBose, Asst. U.S. Atty., with whom Jay P. McCloskey, U.S. Atty., and George T. Dilworth, Asst. U.S. Atty., Portland, ME, were on brief, for appellees.

Before SELYA, CYR and BOUDIN, Circuit Judges.

SELYA, Circuit Judge.

This appeal requires us to consider whether civil rights actions can be maintained against military officers in the chain of command by persons employed under the National Guard Technician Act of 1968 (Technician Act), 32 U.S.C. § 709 (1988). The district court granted summary judgment because it deemed plaintiff's claims to be non-justiciable. See Wright v. Park, 811 F.Supp. 726

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