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WALCH v. ADJUTANT GENERAL'S DEPT. OF TEXAS

No. 07-20175.

533 F.3d 289 (2008)

Graylon L. WALCH, Plaintiff-Appellant, v. ADJUTANT GENERAL'S DEPARTMENT OF TEXAS; State of Texas; Michael W. Wynne, Secretary of Air Force of the United States, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 24, 2008.

Attorney(s) appearing for the Case

Patrick J. Gilpin (argued), Gilpin Law Firm, Houston, TX, for Walch.

Jack Christian O'Donnell, Madeleine B. Connor (argued), Craig H. Russell, Austin, TX, for Adjutant General and State of Texas.

Vernon Lydell Lewis, Asst. U.S. Atty. (argued), Houston, TX, for Wynne.

Before KING, DeMOSS and SOUTHWICK, Circuit Judges.

SOUTHWICK, Circuit Judge:

The opinion issued in this case on June 6, 2008 is withdrawn and this revised opinion is substituted.

Graylon L. Walch brought suit based on his discharge from the Texas Air National Guard and the loss of his position as a full-time National Guard civilian employee. The district court found the claims to be non-justiciable. We agree and affirm. Our decision does not affect any right Walch may have to return to the interrupted administrative...

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