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HOLMES v. CALIFORNIA ARMY NAT. GUARD

Nos. 96-35314, 96-15726, 96-15855.

155 F.3d 1049 (1998)

Andrew HOLMES, First Lieutenant, Plaintiff-Appellee, v. CALIFORNIA ARMY NATIONAL GUARD; Tandy Bozeman, Major, in his official capacity; Pete Wilson, Governor, in his official capacity, Defendants-Appellants. Andrew HOLMES, First Lieutenant, Plaintiff-Appellee, v. CALIFORNIA ARMY NATIONAL GUARD; Tandy Bozeman, Major, in his official capacity; Pete Wilson, Governor, in his official capacity; U.S. Army National Guard; United States of America; William J. Perry, Secretary of Defense, Defendants-Appellants. Richard P. WATSON, Lieutenant, Plaintiff-Appellant, v. William J. PERRY, Secretary of Defense; John Dalton, Secretary of the Navy; United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

April 6, 1998.

ORDER

Judges Reavley and Wiggins voted to deny plaintiff appellant's and plaintiff appellees's joint petition for rehearing and Judge Reinhardt voted to grant the petition for rehearing. Judge Wiggins recommends rejection of the suggestion for rehearing en banc and Judge Reinhardt votes to accept the suggestion for rehearing en banc.

The full court was advised of the suggestion for rehearing en banc. An active...

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