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DAY v. MASSACHUSETTS AIR NATIONAL GUARD

Civil Action No. 96-30126-MAP.

37 F.Supp.2d 546 (1999)

Andrew DAY v. MASSACHUSETTS AIR NATIONAL GUARD, et al.

United States District Court, D. Massachusetts.

March 15, 1999.

Attorney(s) appearing for the Case

Mark D. Mason, Cooley, Shrair P.C., Springfield, MA, Daniel E. Bruso, Cooley, Shrair P.C., Springfield, MA, for Andrew Day.

Cynthia J. Gagne, H. Gregory Williams, Attorney General's Office, Springfield, MA, for Massachusetts Air National Guard.

Karen L. Goodwin, United States Attorney's Office, Springfield, MA, for United States Department of the Air Force, Richard Duquette, United States of America.

John A. Odierna, Odierna & Beaumier, Springfield, MA, for James Towle.

ORDER ON REMAND

PONSOR, District Judge.

The Mandate of the Court of Appeals having now issued, this court hereby vacates its Judgment of May 15, 1998 to the following extent. The dismissal on the ground of the Feres doctrine of the state claims asserted by plaintiff against defendants James Towle, Duane Caton and John Does 1-8 is vacated. However, on remand, the court hereby exercises its discretion to decline supplemental jurisdiction over...

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