Opinion
No. 2009-3263.
October 12, 2011.
Appeal from the Merit Systems Protection Board in No. CH0752080403-I-1.
Lawrence J. Fleming, Herzog Crebs, of St. Louis, MO, argued for petitioner.
Renee Gerber, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Donald E. Kinner, Assistant Director.
Before RADER, Chief Judge, PROST and MOORE, Circuit Judges.
JUDGMENT
THIS CAUSE having been heard and considered, it is
ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36.