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MILLER v. UNITED STATES

No. 82-3404.

717 F.2d 109 (1983)

Daniel J. MILLER, Jr., Petitioner, v. UNITED STATES of America and Department of the Army, Respondents.

United States Court of Appeals, Third Circuit.

Decided September 21, 1983.

Attorney(s) appearing for the Case

Donald G. Scheck, Stroudsburg, Pa., for petitioner.

Carlon M. O'Malley, Jr., U.S. Atty., Scranton, Pa., Harry A. Nagle, Asst. U.S. Atty., Lewisburg, Pa., Peter B. Loewenberg, Chief, Civilian Personnel, Robert B. Williams, Civilian Personnel Litigation (argued), Dept. of the Army, Washington, D.C., for respondents.

Before GIBBONS and BECKER, Circuit Judges, and WEBER, District Judge.

OPINION OF THE COURT

BECKER, Circuit Judge.

In November 1980, respondent Department of the Army discharged petitioner Daniel J. Miller from his position as an Electrical Equipment Repairer Helper at the Tobyhanna, Pennsylvania Army Depot. The Army did so after discovering that Miller's college degree rendered him overqualified for that position under 38 U.S.C. § 2014 (1976). Miller appealed the discharge to the Merit Systems Protection Board (MSPB)...

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