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LEISTIKO v. STONE

No. 96-3654.

134 F.3d 817 (1998)

Fred A. LEISTIKO, Plaintiff-Appellant, v. Michael P.W. STONE, Secretary of the Army; National Guard Bureau; Richard C. Alexander, the Adjutant General, State of Ohio, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 23, 1998.

Rehearing and Suggestion for Rehearing Denied March 4, 1998.

Attorney(s) appearing for the Case

Michael Drain (argued & briefed), Constance L. Leistiko (briefed), Chagrin Falls, OH, for Plaintiff-Appellant.

Michael Anne Johnson, Asst. U.S. Attorney (argued & briefed), Cleveland, OH, for Defendants-Appellees.

Before: MARTIN, Chief Judge and KENNEDY and NELSON, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied March 4, 1998.

OPINION

PER CURIAM.

The plaintiff in this wrongful discharge case was employed as a Supervisory Aircraft Pilot under the National Guard Technicians Act, 32 U.S.C. § 709. Although the plaintiff was a federal employee, his employment was "administered" by the Ohio Adjutant General, acting as the designee of the Secretary of the Army.

The Adjutant General's Department...

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