MATREALE v. NEW JERSEY DEPT. OF MILITARY & VETERANS AFFAIRS

No. 06-2051.

487 F.3d 150 (2007)

Major Frank MATREALE, Appellant v. State of NEW JERSEY DEPARTMENT OF MILITARY & VETERANS AFFAIRS; National Guard of the United States.

United States Court of Appeals, Third Circuit.

Filed May 22, 2007.


Attorney(s) appearing for the Case

William A. Riback (Argued), Camden, NJ, for Appellant.

Michele A. Daitz, Office of Attorney General of New Jersey, Dorothy J. Donnelly (Argued), Office of United States Attorney, Trenton, NJ, for Appellees.

Before SMITH and FISHER, Circuit Judges, and DIAMOND, District Judge.


OPINION

DIAMOND, District Judge.

Major Frank Matreale, a commissioned officer in the New Jersey Army National Guard (NJANG) serving under orders issued pursuant to 32 U.S.C. § 502(f)(1),1 brought suit in the Superior Court of New Jersey against the New Jersey Department of Military and Veterans Affairs (NJDMVA), the overseer of the NJANG, to recover damages for retaliation under...

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