       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                 ______________________

                 PAUL M. DEAN, JR.,
                  Plaintiff-Appellant,

                            v.

                   UNITED STATES,
                   Defendant-Appellee.
                  ____________________

                       2010-5113
                 ______________________

    Appeal from the United States Court of Federal
Claims in No. 09-CV-392, Judge Margaret M. Sweeney.
                 ______________________

                      JUDGMENT
                 ______________________

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

    JOHN S. GROAT, Trial Attorney, Commercial Litigation
Branch, Civil Division, Classification Unit, 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 BRYANT G. SNEE, Deputy Director. Of
counsel on the brief was JOHN S. GOEHRING, General
Litigation Division, United States Department of the Air
Force, Arlington, Virginia. Of counsel was LAUREN N.
DIDOMENICO.
                  ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

   PER CURIAM (LOURIE, PLAGER, and LINN, Circuit
Judges).

           AFFIRMED. See Fed. Cir. R. 36.


                      ENTERED BY ORDER OF THE COURT



April 11, 2011        /s/ Jan Horbaly
   Date                   Jan Horbaly
                              Clerk
