NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

BRUCE SWINFORD, Petitioner,

v.

DEPARTMENT OF TRANSPORTATION, Respondent. ____________________

2010-3025 ______________________

Appeal from the Merit Systems Protection Board in DC1221070032-B-2. ______________________

JUDGMENT ______________________

JAY P. HOLLAND, Joseph, Greenwald & Laake, PA, Greenbelt, Maryland, argued for petitioner. With him on the brief was PUJA GUPTA.

JANE W. VANNEMAN, Senior 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 TODD M. HUGHES, Deputy Director. Of counsel on the brief was WILLIAM WINNE, Attorney Advisor, Office of Chief Counsel, Federal Highway Administration, United States Department of Transportation, of Washington, DC.

______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (LOURIE, CLEVENGER, and MOORE, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

December 14, 2010 /s/ Jan Horbaly Date Jan Horbaly Clerk