Opinion
No. 2007-3330.
October 8, 2008. Rehearing and Rehearing En Banc Denied December 15, 2008.
On Appeal from the Merit Systems Protection Board, No. DC0752060891-I-1.
Richard J. Link, Jr., Karpel Link, of Silver Spring, Maryland, argued for petitioner.
Tara K. Hogan, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Todd M. Hughes, Deputy Director. Of counsel on the brief was Alan B. Robinson, Branch Chief, Employee Relations Branch, United States Department of Agriculture, of Beltsville, Maryland.
RADER, SCHALL, and PROST, Circuit Judges.
Judgment
This CAUSE having been heard and considered, it is
ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36.