Legal Opinion

Gant v. Binder

Court of Appeals for the Eighth Circuit

Decided June 28, 1985No. Nos. 84-2477, 84-2525PublishedCited by 5 opinions

1Per curiam

Wallace Gant, Jr. appeals from a judgment of the district court1 dismissing his *359claims that he was denied re-enlistment in the Nebraska Army-Air National Guard (NEANG) because of his race and in violation of due process. 596 F.Supp. 757 (1984). After carefully reviewing the issues raised by Gant on appeal, we find that:(1) The district court had jurisdiction to address Gant’s disparate treatment2 claim under 42 U.S.C. § 1981. Taylor v. Jones, 653 F.2d 1193 (8th Cir.1981). Accordingly, we need not decide whether there was jurisdiction for the disparate treatment claim under 42 U.S.C. §§ 1982,…

2Cases cited4 opinions

  1. Chappell v. WallaceSupreme Court of the United States · 1983
  2. Taylor v. JonesCourt of Appeals for the Eighth Circuit · 1981
  3. Luis S. Navas v. Luis Gonzalez ValesCourt of Appeals for the First Circuit · 1985
  4. Gant v. BinderDistrict Court, D. Nebraska · 1984

3Cited by5 opinions

  1. Watson v. Arkansas National GuardCourt of Appeals for the Eighth Circuit · 1989
  2. Gant v. United StatesUnited States Court of Claims · 1989
  3. Wallace Gant v. The United StatesCourt of Appeals for the Federal Circuit · 1990
  4. 50 Fair empl.prac.cas. 1718, 51 Empl. Prac. Dec. P 39,332 John C. Watson v. Arkansas National Guard, Maj. Gen. Jimmie "Red" Jones, Garnett J. Leonard, Charles S. Rowland, Guy Robinson, Ronald D. Fewell, in Their Individual and Official CapacitiesCourt of Appeals for the Eighth Circuit · 1989
  5. Wallace Gant, Jr. v. Edward C. Binder, Adjutant General, Nebraska Army-Air National Guard State of Nebraska Robert Kerry, Governor of Nebraska Lloyd Johnson, Brig. General, Chief of Staff Neang Richard Bertrand, Colonel and Commander, Neang James F. McMurray Major, Base Services Officer, Neang Richard Wade, Executive Support Staff Officer, Neang, and James F. Bryant Vincent D. Brown Robert M. Courtney Mary J. Kight Lowell D. Closner Randolph M. Scott Kenneth W. Orr Jerome E. Dickey Members of the Nebraska Enlisted Selective Retention Appeals Board Individually and in Their Official Capacities, Wallace Gant, Jr. v. Edward C. Binder, Adjutant General, Nebraska Army-Air National Guard, State of Nebraska Robert Kerry, Governor of Nebraska Lloyd Johnson, Brig. General, Chief of Staff Neang Richard Bertrand, a Colonel and Commander, Neang James F. McMurray Major, Base Services Officer, Neang Richard Wade, Executive Support Staff Officer, Neang and James F. Bryant Vincent D. Brown, Robert M. Courtney Mary J. Kight Lowell D. Closner Randolph M. Scott Kenneth W. Orr Jerome E. DickeyCourt of Appeals for the Eighth Circuit · 1985

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