       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

                   CAROL V. MAY,
                       Petitioner,

                           v.

     MERIT SYSTEMS PROTECTION BOARD,
                    Respondent,

                         and

     DEPARTMENT OF VETERANS AFFAIRS,
                    Intervenor.

                 ____________________

                      2010-3085
                ______________________

        Petition for review of the Merit Systems
Protection Board in case No. PH0752080505-I-1.
______________________

                     JUDGMENT
                ______________________

   DENNIS L. FRIEDMAN, of Philadelphia, Pennsylvania,
argued for petitioner.

   JEFFREY A. GAUGER, Attorney, Office of the General
Counsel, Merit Systems Protection Board, of Washington,
DC, argued for respondent. With him on the brief were
JAMES M. EISENMANN, General Counsel, and KEISHA
DAWN BELL, Deputy General Counsel.
    JANE W. VANNEMAN, Senior Trial Counsel,
Commercial Litigation Branch, Civil Division, United
States Department of Justice, of Washington, DC, argued
for intervenor. With her on the brief were TONY WEST,
Assistant Attorney General, JEANNE E. DAVIDSON,
Director, and REGINALD T. BLADES, JR., Assistant
Director.
                ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

   PER CURIAM (LOURIE, PLAGER, and DYK, Circuit
Judges).

           AFFIRMED. See Fed. Cir. R. 36.


                      ENTERED BY ORDER OF THE COURT



March 11, 2011          /s/ Jan Horbaly
   Date                     Jan Horbaly
                                Clerk
