NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

STEPHEN W. GINGERY, Petitioner,

v.

DEPARTMENT OF THE TREASURY, Respondent. ____________________

2010-3123 ______________________

Appeal from the Merit Systems Protection Board in No. CH3330080673-I-2. ______________________

JUDGMENT ______________________

RICHARD S.J. HUNG, Morrison & Foerster, LLP, of San Francisco, California, argued for petitioner. On the brief was HENRY C. SU, Howrey LLP, of East Palo Alto, California. Of counsel was CHRISTOPHER F. JEU.

DAWN E. GOODMAN, 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, LINN and O’MALLEY, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

April 12, 2011 /s/ Jan Horbaly Date Jan Horbaly Clerk