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SMITH v. TENNESSEE NAT. GUARD

No. M2012-00160-COA-R3-CV.

387 S.W.3d 570 (2012)

David R. SMITH v. TENNESSEE NATIONAL GUARD.

Court of Appeals of Tennessee, at Nashville.

August 8, 2012.

Application for Permission to Appeal Denied by Supreme Court November 21, 2012.

Attorney(s) appearing for the Case

Phillip L. Davidson , Nashville, Tennessee, for the appellant, David R. Smith.

Robert E. Cooper, Jr. , Attorney General and Reporter; William E. Young , Solicitor General; Kevin G. Steiling , Deputy Attorney General; and Michael K. Markham , Assistant Attorney General, for the appellee, Tennessee National Guard.

OPINION

FRANK G. CLEMENT, JR., J., delivered the opinion of the Court, in which ANDY D. BENNETT, J., and JEFFREY S. BIVINS, SP. J., joined.

Plaintiff was a full-time employee of the Tennessee National Guard until 2002 when he commenced active duty service in the Active Guard and Reserve. Near the completion of his active duty service in the Active Guard and Reserve, Plaintiff asked the Tennessee National Guard to rehire him pursuant to the Uniformed Service...

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