       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

                  TODD O’BRYAN,
                  Plaintiff-Appellant,

                           v.

                  UNITED STATES,
                  Defendant-Appellee.
                 ____________________

                      2010-5129
                ______________________

    Appeal from the United States Court of Federal
Claims in No. 08-CV-664, Senior Judge John P. Wiese.
                 ______________________

                     JUDGMENT
                ______________________

   TERRY L. PECHOTA, Pechota Law Office, of Rapid City,
South Dakota, argued for plaintiff-appellant.

    JEFFREY D. KLINGMAN, Trial Attorney, 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 DEBORAH A. BYNUM, Assistant Director.
                 ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

   PER CURIAM (LOURIE, PROST, and MOORE, Circuit
Judges).

           AFFIRMED. See Fed. Cir. R. 36.

                      ENTERED BY ORDER OF THE COURT


April 12, 2011        /s/ Jan Horbaly
     Date                 Jan Horbaly
                              Clerk
