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HANSON v. WYATT

Nos. 06-6136, 06-6204.

540 F.3d 1187 (2008)

Eric A. HANSON, Plaintiff-Appellee/Cross-Appellant, v. Major General Harry M. WYATT, III, in his official capacity as the Adjutant General, State of Oklahoma, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

September 10, 2008.

Attorney(s) appearing for the Case

Kevin L. McClure, Assistant Attorney General, Oklahoma Attorney General's Office, Oklahoma City, OK, for Defendant-Appellant/Cross-Appellee.

Timothy D. DeGiusti (James E. Warner, III, with him on the briefs), of Holladay, Chilton & DeGiusti, PLLC, Oklahoma City, OK, for Plaintiff-Appellee/Cross-Appellant.

Before BRISCOE, HARTZ, and GORSUCH, Circuit Judges.

HARTZ, Circuit Judge.

Colonel Eric A. Hanson, who had been removed from the Oklahoma Army National Guard, filed suit against Major General Harry M. Wyatt III in his official capacity as Adjutant General for the State of Oklahoma, seeking reinstatement to his former position plus back pay and retirement points. His claim arises from an alleged violation by a selective retention board (SRB) of a federal regulation governing its procedures. The SRB recommended that Col...

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