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Case 4:05-cv-01387-JCH

Document 14

Filed 09/07/2005

Page 1 of 6

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

STATE OF MISSOURI, ex rel., JEREMIAH W. (JAY) NIXON, Attorney General of the State of Missouri, Plaintiff, vs. DONALD H. RUMSFELD, in his official capacity as Secretary of Defense of the United States; ANTHONY J. PRINCIPI, in his official capacity as Chairman of the Defense Base Closure and Realignment Commission; JAMES H. BILBRAY; ) PHILIP E. COYLE; HAROLD W. GEHMAN, JR.; JAMES V. HANSEN; JAMES T. HILL; LLOYD W. NEWTON; SAMUEL K. SKINNER; and SUE ELLEN TURNER, in their official capacity as members of the Defense Base Closure and Realignment Commission, Defendants

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Case No. 4:05CV01387 JCH

MEMORANDUM AND ORDER This matter is before the Court on Plaintiff's Motion for a Preliminary Injunction. On August 26, 2005, the Defense Base Closure and Realignment Commission (the "BRAC Commission" or "Commission") recommended the realignment of the 131st Fighter Wing of the Missouri Air National Guard. Plaintiff seeks to enjoin the BRAC Commission from including this recommendation in its final report and recommendation to be sent to the President on September 8, 2005, on the basis that the 1

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Case 4:05-cv-01387-JCH

Document 14

Filed 09/07/2005

Page 2 of 6

Federal Government cannot realign an installation of Missouri's State National Guard without obtaining the governor's consent, pursuant to 10 U.S.C.

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Missouri Law