Rendell v. Rumsfeld
Court of Appeals for the Third Circuit
1Opinion of the Court
NYGAARD, Circuit Judge.
Pennsylvania Governor Edward Rendell and other various elected officials brought an action in the District Court testing the legality of recommendations made by Secretary of Defense Donald Rumsfeld (hereinafter, Secretary) to deactivate the 111th Fighter Wing of the Pennsylvania National Guard. The District Court ruled that the Secretary’s recommendations were invalid and the Secretary has appealed.
I
The District Court addressed two issues on motions for summary judgment: first, whether the Secretary of Defense can legally recommend deactivating the 111th Fighter Wing…
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