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MILLER v. UNITED STATES POSTAL SERVICE

No. 82-4010 Summary Calendar.

685 F.2d 148 (1982)

Robert B. MILLER, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

United States Court of Appeals, Fifth Circuit.

September 7, 1982.

Attorney(s) appearing for the Case

Frank P. Hernandez, Dallas, Tex., for petitioner.

William French Smith, Atty. Gen., U. S. Dept. of Justice, Washington, D. C., Linda Womack, Dallas, Tex., Clifford P. Johnson, U. S. Postal Service, Memphis, Tenn., James A. Rolfe, U. S. Atty., Charles D. Cabaniss, Asst. U. S. Atty., Dallas, Tex., Evangeline W. Swift, Gen. Counsel, Merit Systems Prot. Bd., Washington, D. C., for respondent.

Before GEE, RANDALL and TATE, Circuit Judges.

TATE, Circuit Judge:

Robert Miller, a Distribution Clerk in the Main Post Office, Dallas, Texas was removed from his employment with the Postal Service (the "Service") effective October 31, 1980. From the final order of the Merit Systems Protection Board (the "Board"), finding that the Service had sustained (1) its charge that Miller was absent without leave and (2) its resulting dismissal of Miller, Miller brings this appeal.

The Service filed a motion to...

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