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RENDELL v. RUMSFELD

No. 05-4740.

484 F.3d 236 (2007)

Edward G. RENDELL, In his official capacity as Governor of the Commonwealth of Pennsylvania; Arlen Specter, In his official capacity as United States Senator; Rick Santorum, In his official capacity as United States Senator v. Donald H. RUMSFELD, In his official capacity as Secretary of Defense of the United States, Appellant.

United States Court of Appeals, Third Circuit.

Filed April 18, 2007.

Attorney(s) appearing for the Case

H. Thomas Byron, III, Esq. (Argued), United States Department of Justice, Civil Division, Washington, DC, for Appellant.

Antoinette R. Stone, Esq. (Argued), Brown Stone Nimeroff, Philadelphia, PA, Calvin R. Koons, Esq., Daniel J. Doyle, Esq., Office of Attorney General of Pennsylvania, Harrisburg, PA, for Appellee.

Before SLOVITER, CHAGARES, and NYGAARD, Circuit Judges.

NYGAARD, Circuit Judge.

Pennsylvania Governor Edward Rendell and other various elected officials brought an action in the District Court testing the legality of recommendations made by Secretary of Defense Donald Rumsfeld (hereinafter, Secretary) to deactivate the 111th Fighter Wing of the Pennsylvania National Guard. The District Court ruled that the Secretary's recommendations were invalid and the Secretary has appealed.

I.

The District Court addressed...

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