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WIGGINS v. UNITED STATES POSTAL SERV.

No. 81-4007 Summary Calendar.

653 F.2d 219 (1981)

Gary N. WIGGINS, Petitioner, v. The UNITED STATES POSTAL SERVICE, Respondent.

United States Court of Appeals, Fifth Circuit. Unit A

Rehearing Denied September 25, 1981.

Attorney(s) appearing for the Case

Cecil Elfenbein, Dallas, Tex., for petitioner.

Stephen E. Alpern, Assoc. Gen. Counsel, Harvey David Rumeld, U.S. Postal Service, Washington, D.C., William Kanter, Appellate Staff, Civil Div., Frederick Geilfuss, U.S. Dept. of Justice, Washington, D.C., for respondent.

Before GEE, RUBIN and RANDALL, Circuit Judges.

RANDALL, Circuit Judge:

In this action Gary N. Wiggins, a former employee of the United States Postal Service who challenges his dismissal from that agency, seeks to appeal an adverse order of the Merit Systems Review Board (the Board) pursuant to 5 U.S.C. § 7703(b) (Supp. III 1979). However, this action is a "case of discrimination subject to the provisions of [5 U.S.C. § 7702]; " in such a case the circuit courts have no jurisdiction to hear the appeal...

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