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THE COMPTROLLER GENERAL
OF THE UNITE D STATES
%ASHINGTON. D C 20U,1L
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Charles It. Chaudoin v. Clarence a. Athinsor,
U.S.D.C. DfDelaware, Civil Action No. 4157. ALvil-
ability of funds for paymant of Uettlentut.
Appropriated funds uneer 31 U.S.C. 724a or othervis± -re
not available for uettlement where United States Court of
Appeals for the Third Circuit rEversed District Court:'s
grant of defendant's r.otion for au-mmary judgncrt in action
ameking review of order of General Atkinson, Delaware
Adjutant General, discharging a ational Guard techuician,
and remanded the case to the District Court with directior i
to enter a *idgment against General Atkinson, to gret
plaintiff the injunctive and eanducory relief soug!:t and
award damages in such amount or amounts as justice may
require.
Thin decision in rendered in response to a reqLest from the Depart-
meat of Justice for our deternination as to whether any funds appro-u
priced by Congresa are available f r paynent of a possible semtlerent
in the case of Charles K. Chaudoinr . Clarence B. Atkir.ron, U.S.D.C;. D.
Dalaware, Civil Action No. 4197.
On April 10, 1974, the United States Court of Appeals for the
Third Circuit reversed a decision in the above-entitled case which
concerns the righr of a civilian technician forcerly employed by
the Delaware National Guard to reinstatement to a position fro-
which he had been discharged and to payment of wonetary daacs for
the loss he suffered as a result of the discharge..
The National Guard Tochnicians Act of 1968, 32 U.b.C. I
(1970), authoriras. the employment of technicians by tha National
Guard who also are members of the Macionail Cuard. Such tcctnicinz
are employd and adninistared by the adjutant general and ay be
separated for cause by the adjutant general concerned. They arc
employees of the United States.
It appears from tiet faces 5tated in rtu decision of timi Court
of Appeals, that the ..employce, CLarles 1. CaNuduiri, -as 2iszu
from his positio- as a civili-n adrninia:rativc supply techiinicin
of the elrware 1larional. Guard y or.Ter oF Gneral Clarence i.
Ackinson, Adjut.nt Ctaeral of tho Lolaar .tional Gunru
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