       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

                TDM AMERICA, LLC,
                 Plaintiff-Appellant,

                           v.

                  UNITED STATES,
                  Defendant-Appellee.
                 ____________________

                      2010-5138
                ______________________

    Appeal from the United States Court of Federal
Claims in No. 06-CV-472, Judge Thomas C. Wheeler.
                 ______________________

                     JUDGMENT
                ______________________

   DAVID W. DENENBERG, Davidoff Malito & Hutcher,
LLP, of Garden City, New York, argued for plaintiff-
appellant. With him on the brief was MICHAEL A. ADLER.

    WALTER W. BROWN, 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, and JOHN FARGO, Director.
Of counsel on the brief was SUSAN L.C. MITCHELL,
Assistant Director, United States Department of Justice,
of Washington, DC.
                 ______________________
THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

   PER CURIAM (RADER, Chief Judge, NEWMAN and
REYNA, Circuit Judges).

           AFFIRMED. See Fed. Cir. R. 36.


                      ENTERED BY ORDER OF THE COURT



 July 16, 2012               /s/ Jan Horbaly
     Date                       Jan Horbaly
                                    Clerk
