ALVIN B. RUBIN, Circuit Judge:
This is the second of two suits by Jerald H. Miller, a former Postal Service employee, arising from the termination of his employment. The first alleged discriminatory discharge under provisions of the federal and state constitutions and under Title VII of the Civil Rights Act of 1964. This action was later filed, based on 5 U.S.C. § 8151 and 5 C.F.R. § 353
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