       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

                BRUCE SWINFORD,
                    Petitioner,

                           v.

      DEPARTMENT OF TRANSPORTATION,
                 Respondent.
             ____________________

                      2010-3025
                ______________________

   Appeal from the Merit Systems Protection Board in
DC1221070032-B-2.
               ______________________

                     JUDGMENT
                ______________________

    JAY P. HOLLAND, Joseph, Greenwald & Laake, PA,
Greenbelt, Maryland, argued for petitioner. With him on
the brief was PUJA GUPTA.

    JANE W. VANNEMAN, Senior 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 TODD M. HUGHES, Deputy Director.
    Of counsel on the brief was WILLIAM WINNE, Attorney
Advisor, Office of Chief Counsel, Federal Highway
Administration,    United     States   Department    of
Transportation, of Washington, DC.

                ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

   PER CURIAM (LOURIE, CLEVENGER, and MOORE, Circuit
Judges).


           AFFIRMED. See Fed. Cir. R. 36.

                      ENTERED BY ORDER OF THE COURT


December 14, 2010      /s/ Jan Horbaly
      Date             Jan Horbaly
                              Clerk
