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TIRADO-ACOSTA v. PUERTO RICO NAT. GUARD

No. 96-2213.

118 F.3d 852 (1997)

Roberto TIRADO-ACOSTA, et al., Plaintiffs, Appellants, v. PUERTO RICO NATIONAL GUARD, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided July 9, 1997.

Attorney(s) appearing for the Case

Rafael F. Castro Lang, San Juan, PR, with whom F. Castro Amy was on brief, for appellants.

Sylvia Roger Stefani, Assistant Solicitor General, Department of Justice, Guaynabo, PR, with whom Carlos Lugo Fiol, Solicitor General, and Edda Serrano Blasini, Deputy Solicitor General, were on brief, for appellees.

Before SELYA, Circuit Judge, CYR, Senior Circuit Judge, and BOUDIN, Circuit Judge.

BOUDIN, Circuit Judge.

Plaintiffs in this action, all members of the Puerto Rico National Guard, were called to active duty in the Persian Gulf War. Prior to active duty and briefly upon their return, they were employed full-time in a National Guard program to assist in drug interdiction. Not long after their return, the plaintiffs' assignment to this program was terminated by the Puerto Rico National Guard. When the plaintiffs sued, the district court ruled that...

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