       NOTE: This disposition is nonprecedential.


  United States Court of Appeals
      for the Federal Circuit
                ______________________

        WINTERHAWK OUTFITTERS, INC.,
              Plaintiff-Appellant,

                           v.

                  UNITED STATES,
                  Defendant-Appellee.
                ______________________

                      2013-5063
                ______________________

    Appeal from the United States Court of Federal
Claims in No. 12-CV-133, Senior Judge Bohdan A. Futey.
                 ______________________

                     JUDGMENT
                ______________________

   TODD E. MACKINTOSH, Wood, Ris & Hames, P.C., of
Denver, Colorado, argued for plaintiff-appellant.

    ELLEN M. LYNCH, Trial Attorney, Commercial Litiga-
tion Branch, Civil Division, United States Department of
Justice, of Washington, DC, argued for defendant-
appellee. With her on the brief were STUART F. DELERY,
Acting Assistant Attorney General, JEANNE E. DAVIDSON,
Director, and STEVEN J. GILLINGHAM, Assistant Director.
Of counsel on the brief was DIANE M. CONNOLLY, Attor-
ney, United Stated Department of Agriculture, of Golden,
Colorado.
                ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:



   PER CURIAM (DYK, O’MALLEY, and WALLACH, Circuit
Judges).
           AFFIRMED. See Fed. Cir. R. 36.

                      ENTERED BY ORDER OF THE COURT


 October 16, 2013                  /s/ Daniel E. O’Toole
       Date                            Daniel E. O’Toole
                                       Clerk
