  United States Court of Appeals
      for the Federal Circuit
                ______________________

             GAMBIT CLYDE SHREVE,
                Claimant-Appellant,

                           v.

 ERIC K. SHINSEKI, SECRETARY OF VETERANS
                   AFFAIRS,
              Respondent-Appellee.
             ______________________

                      2012-7077
                ______________________

   Appeal from the United States Court of Appeals for
Veterans Claims in case no. 10-3629, Judge Lawrence B.
Hagel.
               ______________________

                     JUDGMENT
                ______________________

    THOMAS R. BENDER, Chisholm Chisholm & Kilpatrick,
Ltd., of Providence, Rhode Island, argued for claimant-
appellant. Of counsel was ZACHARY M. STOLZ.

    MICHAEL S. MACKO, Trial Attorney, Commercial Liti-
gation Branch, Civil Division, United States Department
of Justice, of Washington, DC, argued for respondent-
appellee. With him on the brief were STUART F. DELERY,
Acting Assistant Attorney General, JEANNE E. DAVIDSON,
Director, and MARTIN F. HOCKEY, JR., Assistant Director.
Of counsel on the brief were MICHAEL J. TIMINSKI, Deputy
Assistant General Counsel, and JONATHAN E. TAYLOR,
Attorney, United States Department of Veterans Affairs,
of Washington, DC.
                 ______________________
THIS CAUSE HAVING BEEN HEARD AND CONSIDERED, IT IS

ORDERED AND ADJUDGED:

   PER CURIAM (PROST, O’MALLEY, and REYNA, Circuit
Judges).

          AFFIRMED. See Fed. Cir. R. 36.


                     ENTERED BY ORDER OF THE COURT


January 18, 2013      /s/ Jan Horbaly
   Date                   Jan Horbaly
                          Clerk
