Opinion
No. 2009-3063.
July 22, 2009. Rehearing and Rehearing En Banc Denied October 9, 2009.
On Appeal from the Merit Systems Protection Board, in Case No. SE1221040166-B-1.
Frank DeMelfi, Melville Johnson, P.C., of Atlanta, GA, argued for petitioner. With him on the brief was Christopher D. Vaughn.
Hillary A. Stern, Senior Trial Counsel, Commercial Litigation Branch, Civil Division United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Michael F. Hertz, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Todd M. Hughes, Deputy Director.
NEWMAN, LOURIE, and RADER, Circuit Judges.
Judgment
This CAUSE having been heard and considered, it is
ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36.