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BLAGOJEVICH v. GATES

No. 07-3031.

519 F.3d 370 (2008)

Rod BLAGOJEVICH, Governor of Illinois, Plaintiff-Appellant, v. Robert M. GATES, Secretary of Defense, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 11, 2008.

Attorney(s) appearing for the Case

Brett E. Legner (submitted), Office of the Attorney General, Civil Appeals Division, Chicago, IL, for Plaintiff-Appellant.

H. Thomas Byron, III (submitted), Department of Justice Civil Division, Washington, DC, for Defendants-Appellees.

Before EASTERBROOK, Chief Judge, and ROVNER and SYKES, Circuit Judges.

EASTERBROOK, Chief Judge.

In this suit, now pending for more than two years, the Governor of Illinois contends that a decision to move some planes assigned to the 183rd Fighter Wing of the Air National Guard from a base in Illinois to one in Indiana violates the rule that "no change in the branch, organization, or allotment of a unit [of the National Guard] located entirely within a State may be made without the approval of its governor." 32 U.S.C. § 104(c)....

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