       NOTE: This disposition is nonprecedential.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
