       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

           DEBORAH MECKLER
   (EXECUTRIX OF THE ESTATE OF ALTON B.
                HORNBACK),
              Plaintiff-Appellant,

                           v.

                  UNITED STATES,
                  Defendant-Appellee..
                 ____________________

                      2011-5040
                ______________________

    Appeal from the United States Court of Federal
Claims in No. 10-CV-384, Judge Lynn J. Bush.
                 ______________________

                     JUDGMENT
                ______________________

   PHILLIP A. BENNETT, Knobbe, Martens, Olson & Bear,
LLP, of San Diego, California, argued for plaintiff-
appellant. With him on the brief was BORIS ZELKIND.

    SUSAN L. C. MITCHELL, Attorney, Commercial
Litigation Branch, Civil Division, United States
Department of Justice, of Washington, DC, argued for
defendant-appellee. With her on the brief were TONY
WEST, Assistant Attorney General and JOHN J. FARGO,
Director.
                ______________________
THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

       AFFIRMED. See Fed. Cir. R. 36.

PER CURIAM (BRYSON, CLEVENGER        AND,   LINN, Circuit
Judges).


                      ENTERED BY ORDER OF THE COURT


 December 13, 2011             /s/ Jan Horbaly
      Date                        Jan Horbaly
                                     Clerk
