       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

               GERALD A. KELLOGG,
                 Plaintiff-Appellant,

                           v.

          NIKE, INC. and NIKE USA, INC.,
            Defendants-Cross Appellants.
                ____________________

             2010-1173, -1174, -1195, -1196
                ______________________

    Appeal from the United States District Court for the
District of Nebraska in No. 07-CV-0070, Chief Judge
Joseph F. Bataillon.
                 ______________________

                     JUDGMENT
                ______________________

    MARK J. PETERSON, Stinson Morrison Hecker, LLP, of
Omaha, Nebraska, argued for plaintiff-appellant. With
him on the brief was NORA M. KANE. Of counsel on the
brief were G. THOMAS WILLIAMS and MARY C. BONNEMA,
McGarry Bair PC, of Grand Rapids, Michigan.

   B. TRENT WEBB, Shook, Hardy & Bacon, L.L.P, of
Kansas City, Missouri, argued for defendants-cross
appellants. With him on the brief were BART A. STARR,
JONATHAN N. ZERGER and ANGEL D. MITCHELL.
                ______________________
THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

   PER CURIAM (RADER, Chief Judge, NEWMAN, and
REYNA, Circuit Judges).


           AFFIRMED. See Fed. Cir. R. 36.


                      ENTERED BY ORDER OF THE COURT


 July 11, 2011          /s/ Jan Horbaly
    Date                    Jan Horbaly
                               Clerk
