NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

RICHARD A. MCGEE, Petitioner,

v.

DEPARTMENT OF THE AIR FORCE, Respondent. ____________________

2009-3263 ______________________

Appeal from the Merit Systems Protection Board in No. CH0752080403-I-1. ______________________

JUDGMENT ______________________

LAWRENCE J. FLEMING, Herzog Crebs, of St. Louis, Missouri, argued for petitioner.

RENEE GERBER, 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 DONALD E. KINNER, Assistant Director. ______________________ THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (RADER, Chief Judge, PROST and MOORE, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

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