Samuel L. KINSEY, Petitioner, v. DEPARTMENT OF the NAVY, Respondent.

No. 2009-3070.United States Court of Appeals, Federal Circuit.
July 22, 2009.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

On Appeal from the Merit Systems Protection Board, in Case No. DC1221070491-B-1.

Neil C. Bonney, Bonney Allenberg, P.C., of Virginia Beach, VA, argued for petitioner.

Scott D. Austin, Senior Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Michael E. Hertz, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Todd M. Hughes, Deputy Director.

NEWMAN, MAYER, and PROST, Circuit Judges.

Judgment
PER CURIAM.

This CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

AFFIRMED. See Fed. Cir. R. 36.