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WENGER v. MONROE

No. 00-56696.

282 F.3d 1068 (2002)

William V. WENGER, Plaintiff-Appellant, v. Paul D. MONROE, Jr., in his official capacity as Adjutant General of the California National Guard; California National Guard, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 4, 2002.

As Amended on Denial of Rehearing and Rehearing April 17, 2002.

Attorney(s) appearing for the Case

Dennis A. Winston, (argued), and Nelson E. Brestoff, Moskowitz, Brestoff, Winston & Blinderman LLP, Los Angeles, CA, for the plaintiff-appellant.

Bill Lockyer, Attorney General of California, Margaret A. Rodda, Senior Assistant Attorney General, Richard Rojo, Supervising Deputy Attorney General, Christina Bull Arndt, (argued), Deputy Attorney General, Los Angeles, CA, for the defendants-appellees.

Before: O'SCANNLAIN and SILVERMAN, Circuit Judges, and REED, District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc April 17, 2002.*

OPINION

O'SCANNLAIN, Circuit Judge.

We must decide whether the district court properly dismissed various claims brought by a retired Colonel in the California Army National Guard which challenged military personnel decisions.

I

William Wenger, now retired, served to the rank of Colonel in the California Army National Guard (the...

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