NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2008-3301 MARLON W. WEBB, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

Morris E. Fischer, Law Office of Morris E. Fischer, of Bethesda, Maryland, argued for petitioner.

Michelle A. Windmueller, Attorney, Law Department, Office of the General Counsel, United States Postal Service, of Washington, DC, argued for respondent. With her on the brief were Lori J. Dym, Chief Counsel, and Teresa A. Gonsalves, Attorney. Of counsel was Armando Rodrigues-Feo, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC.

Appealed from: Merit Systems Protection Board NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2008-3301

MARLON W. WEBB, Petitioner, v. UNITED STATES POSTAL SERVICE,

Respondent.

Judgment ON APPEAL from the Merit Systems Protection Board in CASE NO(S). DA-0752-08-0043-I-1.

This CAUSE having been heard and considered, it is ORDERED and ADJUDGED: Per Curiam (MAYER, GAJARSA, and DYK, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

DATED June 4, 2009 /s/ Jan Horbaly Jan Horbaly, Clerk