Opinion
No. 2009-3265.
May 10, 2010.
Appealed from Merit Systems Protection Board, Case No. CH0831090200-I-1.
Jack W. Flynn, Darnell Flynn, of Frankfort, KY, argued for petitioner.
Jacob A. Schunk, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Reginald T. Blades, Jr., Assistant Director.
MAYER, CLEVENGER, and GAJARSA, Circuit Judges.
Judgment
This CAUSE having been heard and considered, it is
ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36.