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NELSON v. GERINGER

Nos. 00-8039, 00-8093.

295 F.3d 1082 (2002)

Barbara Jenenne NELSON, Plaintiff-Appellee, v. Jim GERINGER, individually and in his capacity as Governor of the State of Wyoming; ED BOENISCH, in his official capacity as Adjutant General of the Wyoming National Guard; The State of Wyoming, Defendants-Appellants. National Guard Association of the United States, Amicus Curiae. Howard Arthur Dillon, Jr., also known as Art Dillon, Plaintiff-Appellee, v. Jim Geringer, in his official capacity as Governor and Commander in Chief of the Wyoming National Guard; State of Wyoming, Defendants-Appellants. National Guard Association of the United States, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

July 3, 2002.

Attorney(s) appearing for the Case

Richard Rideout, Special Assistant Attorney General (Gay Woodhouse, Attorney General; John W. Renneisen, Deputy Attorney General, with him on the briefs in both cases; and Francisco L. Romero, Senior Assistant Attorney General, with him on the briefs in Nelson only), State of Wyoming, Cheyenne, WY, for Defendants-Appellants.

Patrick E. Hacker (Gregory P. Hacker with him on the briefs) of Patrick E. Hacker, P.C., Cheyenne, WY, for Plaintiffs-Appellees.

James J. Hughes, Jr. of Bricker & Eckler, LLP, Columbus, OH; and Bruce S. Asay of Associated Legal Group, LLC, Cheyenne, WY, filed a brief in each case for Amicus Curiae.

Before SEYMOUR and BRISCOE, Circuit Judges, and OWEN, District Judge.

SEYMOUR, Circuit Judge.

This opinion addresses the cases of two plaintiffs, Barbara Jenenne Nelson and Howard Arthur Dillon, who were dismissed from their positions as Assistant Adjutant Generals of the Wyoming National Guard. The underlying facts and claims brought by plaintiffs are substantially the same for both cases, so we consolidate them for purposes of appeal.

Each plaintiff brought suit in district court under 42 U.S.C. § 1983 after being removed...

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