
    Howard L. FRANKLIN, Petitioner, v. DEPARTMENT OF the TREASURY, Respondent.
    No. 2008-3053.
    United States Court of Appeals, Federal Circuit.
    June 9, 2008.
    Darrell J. O’Neal, of Memphis, TN, argued for petitioner.
    Dawn E. Goodman, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. On the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General; Jeanne E. Davidson, Director; Reginald T. Blades, Jr., Assistant Director; and David M. Hibey, Trial Attorney. Of counsel was Bryant G. Snee, Assistant Director.
    Before BRYSON, Circuit Judge, ARCHER, Senior Circuit Judge, and PROST, Circuit Judge.
   Judgment

PER CURIAM.

This CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

AFFIRMED. See Fed. Cir. R.36  