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MILLER v. BOLGER

No. 85-5658.

802 F.2d 660 (1986)

Cletis Meredith MILLER v. William BOLGER, Postmaster General of the United States Postal Service and The United States of America, Appellants.

United States Court of Appeals, Third Circuit.

Decided September 30, 1986.

Attorney(s) appearing for the Case

Thomas W. Greelish, U.S. Atty., Paul J. Dillon, Asst. U.S. Atty. (argued), Newark, N.J., for appellants.

Andrew S. Kessler (argued), Klein, Chapman, Greenburg, Henkoff & Siegel, Clifton, N.J., for appellee.

Before ALDISERT, Chief Judge, and GARTH, and SLOVITER, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

Issue

The narrow issue in this interlocutory appeal which is before us pursuant to 28 U.S.C. § 1292(b) is whether the plaintiff is precluded from proceeding with his Title VII suit against the Postmaster General and the United States because plaintiff is recovering compensation under the Federal Employees' Compensation Act (FECA), 5...

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