            NOTE: This disposition is nonprecedential.


     United States Court of Appeals
         for the Federal Circuit
                     ______________________

      R.L. BATES GENERAL CONTRACTOR PAVING &
                   ASSOCIATES, INC.,
                       Appellant,

                                v.

         John McHugh, SECRETARY OF THE ARMY,
                         Appellee.
                   ____________________

                           2010-1313
                     ______________________

    Appeal from the Armed Services Board of Contract Appeals in
No. 53641, Administrative Judge Monroe E. Freeman, Jr.
                     ______________________

                          JUDGMENT
                     ______________________

   KEVIN M. COX, Camardo Law Firm, PC, of Auburn, New York,
argued for the appellant.

    WILLIAM J. GRIMALDI, Trial Attorney, Commercial Litigation
Branch, Civil Division, United States Department of Justice, of
Washington, DC, argued for the appellee. With him on the brief
were TONY WEST, Assistant Attorney General, JEANNE E. DAVIDSON,
Director, and BRIAN M. SIMKIN, Assistant Director. Of counsel was
SAMEER P. YERAWADEKAR, Attorney.
                      ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

   PER CURIAM (RADER, Chief Judge, LINN, and PROST, Circuit
Judges).

                  AFFIRMED. See Fed. Cir. R. 36.

                              ENTERED BY ORDER OF THE COURT


  June 10, 2011                   /s/ Jan Horbaly
     Date                              Jan Horbaly
                                          Clerk
