Kenneth R. Davis v. S. Ernest Vandiver, William H. Kelly and Paul E. Innecken

DYER, Circuit Judge:

Davis appeals from the district court’s judgment of dismissal based upon a determination that no due process violations infected the proceedings by which he was discharged in 1971 from his position as an Air National Guard technician. We have awaited the Supreme Court’s decision in Arnett v. Kennedy, 1974, -U.S.-, 94 S.Ct. 1633, 40 L.Ed.2d 15 before addressing Davis’ contentions, and with the guidance of that decision, we affirm the judgment below.

A professional aviator, Davis had served as a flight training instructor for the Air National Guard technician detachment in…