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JONES v. NEW YORK STATE DIV. OF MILITARY

Docket 97-7723.

166 F.3d 45 (1999)

Frank D. JONES, Plaintiff-Appellant, v. NEW YORK STATE DIVISION OF MILITARY AND NAVAL AFFAIRS and New York State Army National Guard, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 7, 1999.

Attorney(s) appearing for the Case

Bradley A. Sherman, O'Connell and Aronowitz, Albany, New York, for Plaintiff-Appellant.

Michael S. Buskus, Assistant Attorney General, (Peter H. Schiff, Deputy Solicitor General, Nancy A. Spiegel, Assistant Attorney General, Dennis C. Vacco, Attorney General of the State of New York, on the brief), Albany, New York, for Defendants-Appellees.

Before: KEARSE and WALKER, Circuit Judges, and WEINSTEIN, District Judge.

JOHN M. WALKER, Jr., Circuit Judge:

This is an appeal from the judgment of the United States District Court for the Northern District of New York (Lawrence E. Kahn, District Judge) (1) dismissing, on grounds of Eleventh Amendment immunity, plaintiff-appellant Frank D. Jones's 42 U.S.C. § 1983 action alleging that defendants-appellees, the New York State Division of Military and Naval Affairs ("DMNA") and the New York State Army National Guard ("NYANG"...

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