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JOHNSON v. STATE OF NEW YORK

No. 580, Docket 94-7408.

49 F.3d 75 (1995)

Warren JOHNSON, Plaintiff-Appellant, v. STATE OF NEW YORK, Mario Cuomo, in his official capacity as Governor of the State of New York, New York State Division of Military and Naval Affairs and Lawrence P. Flynn, in his official capacity as Major General of the New York State Division of Military and Naval Affairs, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 24, 1995.

Attorney(s) appearing for the Case

William A. Herbert, Albany, NY (Nancy E. Hoffman, General Counsel, Civil Service Employees Ass'n, Inc., Albany, NY), for plaintiff-appellant.

John McConnell, Asst. Atty. Gen., State of New York (G. Oliver Koppell, Atty. Gen. of the State of New York, Peter H. Schiff, Deputy Sol. Gen., Nancy A. Spiegel, Asst. Atty. Gen., of counsel), for defendants-appellees.

Before: JACOBS, CALABRESI and PARKER, Circuit Judges.

PARKER, Circuit Judge:

Appellant Warren Johnson was employed as a security guard by the New York State Division of Military and Naval Affairs (Division) at the Stratton Air National Guard Base in Scotia, New York, from March 1983 until his dismissal upon his 60th birthday on January 8, 1991. During his employment with the Division, he was also an enlisted member of the New York Air National Guard (ANG), a mandatory condition of employment for civilian air base security...

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