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WETHERILL v. GEREN

No. Civ. 08-5077-KES.

644 F.Supp.2d 1135 (2009)

Nancy J. WETHERILL, Plaintiff, v. Pete R. GEREN, Secretary of the Army; The Army National Guard; Steven R. Doohen, Brigadier General, in his official capacity as Adjutant General of the South Dakota National Guard; Theodore Johnson, Brigadier General, in his official capacity; and the South Dakota National Guard, Defendants.

United States District Court, D. South Dakota, Western Division.

July 31, 2009.

Attorney(s) appearing for the Case

Michael M. Hickey, Sarah Baron Houy, Bangs, McCullen, Butler, Foye & Simmons, Rapid City, SD, for Plaintiff.

Daneta Wollmann, U.S. Attorney's Office, Rapid City, SD, Robert B. Anderson, May, Adam, Gerdes & Thompson, Pierre, SD, for Defendants.

ORDER GRANTING MOTIONS TO DISMISS

KAREN E. SCHREIER, Chief Judge.

Plaintiff, Nancy Wetherill, brought this action alleging discrimination based on her gender and on race and national origin. Defendants Steven Doohen, Theodore Johnson, and the South Dakota National Guard move to dismiss. Defendants Pete Geren and the Army National Guard move to dismiss. For the reasons stated below, both motions are granted.

FACTUAL BACKGROUND

Wetherill...

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