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NEWTON v. UTAH NATIONAL GUARD

Case No. 2:07-CV-00041 CW.

688 F.Supp.2d 1290 (2010)

Robert NEWTON, Plaintiff, v. UTAH NATIONAL GUARD et al., Defendants.

United States District Court, D. Utah, Central Division.

February 19, 2010.

Attorney(s) appearing for the Case

D. Scott Crook, R. Christopher Preston, Smith Hartvigsen PLLC, Salt Lake City, UT, for Plaintiff.

Anne E. Mortensen, Manassas, VA, Bridget K. Romano, Bruce R. Garner, Rebecca S. Parr, Utah Attorney General's Office Litigation Unit, Salt Lake City, UT, for Defendants.

MEMORANDUM DECISION AND ORDER

CLARK WADDOUPS, District Judge.

INTRODUCTION

Plaintiff Robert Newton ("Newton") was an air traffic controller for the Utah Air National Guard (the "Guard"). He started his employment as a military member, but later ceased being a military member and became solely a civilian employee of the Guard. In November 2003, Newton's direct supervisor, Major John R. Teter ("Major Teter") verbally suspended Newton's Air...

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