NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ DAVID P. GESSERT, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent. ____________________ 2010-3115 ______________________ Appeal from the Merit Systems Protection Board in No. DC0752090149-I-2. ______________________ JUDGMENT ______________________ MATTHEW C. MOUSLEY, Duane Morris, LLP, of Philadelphia, Pennsylvania, argued for petitioner.

CALVIN M. MORROW, Attorney, Office of the General Counsel, Merit Systems Protection Board, of Washington, DC, argued for respondent. With him on the brief were JAMES M. EISENMANN, General Counsel, and KEISHA DAWN BELL, Deputy General Counsel. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (RADER, Chief Judge, NEWMAN and DYK, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

February 10, 2011 /s/ Jan Horbaly Date Jan Horbaly Clerk