NOTE: This disposition is nonprecedential.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