NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

EUWAN Y.A. GODFREY, Petitioner,

v.

DEPARTMENT OF TRANSPORTATION, Respondent. ____________________

2010-3127 ______________________

Petition for review of the Merit Systems Protection Board in consolidated Case Nos. PH4324090182-I-3, PH4324100080-I-1, and PH3443070135-M-1. ______________________

JUDGMENT ______________________

ROGER P. LIPTON, Green, Miles, Lipton & Fitzgibbon, LLP, of Northampton, Massachusetts, argued for petitioner.

TARA K. HOGAN, 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 KIRK MANHARDT, Assistant, Director. ______________________ THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (RADER, Chief Judge, PLAGER and LOURIE, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

March 14, 2011 /s/ Jan Horbaly Date Jan Horbaly Clerk