       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

                 FRANK E. FISHER,
                  Plaintiff-Appellant,

                           v.

                  UNITED STATES,
                  Defendant-Appellee.
                 ____________________

                      2008-5094
                ______________________

    Appeal from the United States Court of Federal
Claims. 00-CV-740, Senior Judge Eric G. Bruggink.
                ______________________

                     JUDGMENT
                ______________________

   CHARLES D. SWIFT, Swift & McDonald, P.S., of Seattle,
Washington, argued for plaintiff-appellant.

    DOUGLAS K. MICKLE, Senior Trial Counsel,
Commercial Litigation Branch, Civil Division, United
States Department of Justice, of Washington, DC, argued
for defendant-appellee. With him on the brief were TONY
WEST, Assistant Attorney General, JEANNE E. DAVIDSON,
Director, and BRYANT G. SNEE, Deputy Director. Of
counsel on the brief was DAVID F. BRASH, Air Force Legal
Operations Agency, United States Department of the Air
Force, of Arlington, Virginia. Of counsel was JASON S.
OSBORNE.
                 ______________________
THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

   PER CURIAM (GAJARSA, MAYER, and Moore, Circuit
Judges).

           AFFIRMED. See Fed. Cir. R. 36.


                      ENTERED BY ORDER OF THE COURT



 October 14, 2010         /s/ Jan Horbaly
    Date                      Jan Horbaly
                                 Clerk
