       NOTE: This disposition is nonprecedential.


 United States Court of Appeals
     for the Federal Circuit
                ______________________

                DAVID G. DEBATTO,
                 Plaintiff-Appellant,

                           v.

                  UNITED STATES,
                  Defendant-Appellee.
                 ____________________

                      2009-5114
                ______________________

    Appeal from the United States Court of Federal
Claims in No. 08-CV-730, Judge Charles F. Lettow.
                 ______________________

                     JUDGMENT
                ______________________

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

    SHARI A. ROSE, Trial 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, JEANNE E. DAVIDSON,
Director, and BRYANT G. SNEE, Deputy Director.
                 ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

    PER CURIAM (RADER, Chief Judge, LINN and DYK,
Circuit Judges).
          AFFIRMED. See Fed. Cir. R. 36.

                     ENTERED BY ORDER OF THE COURT


September 13, 2010     /s/ Jan Horbaly
      Date                Jan Horbaly
                             Clerk
