NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2007-3264

MARIEO L. FOSTER, Petitioner, v. DEPARTMENT OF DEFENSE, Respondent.

Richard L. Thompson, II, Law Firm of Nathaniel D. Johnson, LLC, of La Plata, Maryland, argued for petitioner. With him on the brief was Nathaniel D. Johnson.

Sean M. Dunn, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General; Jeanne E. Davidson, Director; and Harold D. Lester, Jr., Assistant Director.

Appealed from: Merit Systems Protection Board NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2007-3264 MARIEO L. FOSTER, Petitioner, v.

DEPARTMENT OF DEFENSE, Respondent.

Judgment ON APPEAL from the MERIT SYSTEMS PROTECTION BOARD in CASE NO(S). DC0752060765-I-1 This CAUSE having been heard and considered, it is ORDERED and ADJUDGED: Per Curiam (SCHALL and PROST, Circuit Judges, and WARD, District Judge ∗

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

DATED June 6, 2008 /s/ Jan Horbaly Jan Horbaly, Clerk

∗ Honorable T. John Ward, District Judge, United States District Court for the Eastern District of Texas, sitting by designation.