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CULBRETH v. INGRAM

No. 5:04 CV 731 H(S).

389 F.Supp.2d 668 (2005)

David B. CULBRETH, Plaintiff, v. William E. INGRAM Jr., individually and in his capacity as Adjutant General of the North Carolina Army National Guard, and William T. Boyd, individually and in his capacity as Chief of Staff of the North Carolina Army National Guard, Defendants.

United States District Court, E.D. North Carolina. Western Division.

September 29, 2005.

Attorney(s) appearing for the Case

William W. Webb, Sr., The Edmisten & Webb Law Firm, William Woodward Webb, Jr., The Edmisten & Webb Law Firm, Raleigh, for David Culbreth, plaintiff.

W. Dale Talbert, Spec. Asst., Aty. Gen, N.C. Attorney General's Office, Raleigh, for William E. Ingram, Jr., individually and in his capacity as Adjutant General of the North Carolina Army National Guard, William T. Boyd, individually and in his capacity as Chief of Staff of the North Carolina Army National Guard, defendants.

ORDER

HOWARD, District J.

This matter is before the court on defendants' motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6). The plaintiff has responded. Therefore, this matter is ripe for adjudication.

STATEMENT OF THE CASE

Plaintiff was a Title 32 Active Guard Reserve Officer for the North Carolina Army National Guard ("NCARNG") and a full time Active Guard Reserve ("AGR") soldier, serving in the rank of Major, until January...

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