       NOTE: This disposition is nonprecedential.


  United States Court of Appeals
      for the Federal Circuit
                ______________________

                   DAVID A. DICE,
                     Petitioner,

                           v.

      DEPARTMENT OF TRANSPORTATION,
                  Respondent.
            ______________________

                      2012-3139
                ______________________

   Petition for review of the Merit Systems Protection
Board in No. DE4324110186-I-1.
                ______________________

                     JUDGMENT
                ______________________

    CHARLES WILLIAMSON DAY JR., Gebhardt & Associ-
ates, LLP, of Washington, DC, argued for petitioner.

    ELIZABETH ANNE SPECK, Trial Attorney, Commercial
Litigation Branch, Civil Division, United States Depart-
ment of Justice, of Washington, DC, argued for respond-
ent. With her on the brief were STUART F. DELERY,
Principal Deputy Assistant Attorney General, JEANNE E.
DAVIDSON, Director, and REGINALD T. BLADES, Jr., Assis-
tant Director.
                 ______________________
THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

   PER CURIAM (NEWMAN, BRYSON, and DYK, Circuit
Judges).

           AFFIRMED. See Fed. Cir. R. 36.



                      ENTERED BY ORDER OF THE COURT



April 4, 2013                /s/ Jan Horbaly
   Date                          Jan Horbaly
                                   Clerk
