
    Donald J.A. KENNEDY, Petitioner, v. DEPARTMENT OF the AIR FORCE, Respondent.
    No. 2009-3138.
    United States Court of Appeals, Federal Circuit.
    Dec. 10, 2009.
    Ariel E. Solomon, Tully Rinckey, P.L.L.C., of Albany, New York, argued for petitioner. On the brief was Greg T. Rinckey.
    David F. D’Alessandris, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Kirk T. Manhardt, Assistant Director.
    Before RADER, ARCHER, and LINN, Circuit Judges.
   Judgment

PER CURIAM.

This CAUSE having been heard and considered, it is ORDERED and ADJUDGED:

AFFIRMED. See Fed. Cir. R. 36.  