Pasquale Diluigi, in 77-2433 v. Major General Nicholas P. Kafkalas, Individually and in His Capacity as Adjutant General of Pennsylvania, in 77-2434

OPINION OF THE COURT

WEIS, Circuit Judge.

Whether a newly appointed National Guard technician has a property interest in his employment is the nub of this appeal. The district court determined that administrative regulations imposing a period of probation without tenure were inconsistent with a statutory provision that an employee may be discharged only for cause. 1 2After an analysis of statutory purposes and legislative history, we conclude that the regulations may be read in harmony with the statute. Accordingly, we vacate the judgment of the district court in favor of the plaintiff.

Plaintiff…