       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

               MARTIN H. JOHNSON,
                 Plaintiff-Appellant,

                           v.

                  UNITED STATES,
                  Defendant-Appellee.
                 ____________________

                      2011-5094
                ______________________

    Appeal from the United States Court of Federal
Claims in No. 09-CV-620, Judge Thomas C. Wheeler.
                 ______________________

                     JUDGMENT
                ______________________

    MICHAEL D.J. EISENBERG, Law Office of Michael D.J.
Eisenberg, of Washington, DC, argued for plaintiff-
appellant.

    ERIC P. BRUSKIN, 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 MARTIN F. HOCKEY, JR., Assistant Director.
                ______________________
THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

   PER CURIAM (RADER, Chief Judge, PLAGER and
LOURIE, Circuit Judges).


           AFFIRMED. See Fed. Cir. R. 36.

                      ENTERED BY ORDER OF THE COURT


April 9, 2012          /s/ Jan Horbaly
   Date                    Jan Horbaly
                               Clerk
