       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

             K-MAR INDUSTRIES, INC.,
                 Plaintiff-Appellant,

                           v.

                  UNITED STATES,
                  Defendant-Appellee,

                          and

           FIVE RIVER SERVICES LLC,
                    Defendant.
               ____________________

                      2010-5090
                ______________________

    Appeal from the United States Court of Federal
Claims in No. 08-CV-877, Senior Judge Loren A. Smith.
                 ______________________

                     JUDGMENT
                ______________________

    MARILYN H. DAVID, Russell S. Gill, PLLC, of Biloxi,
Mississippi, for plaintiff-appellant. Of counsel on the
brief was RUSSELL S. GILL.
    WILLIAM P. RAYEL, Trial Attorney, Commercial
Litigation Branch, Civil Division, United States
Department of Justice, of Washington, DC, for defendant-
appellee. Of counsel on the brief were TONY WEST,
Assistant Attorney General, JEANNE E. DAVIDSON,
Director, and BRIAN M. SIMKIN, Assistant Director.

                 ______________________


THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (BRYSON, LINN, and DYK, Circuit Judges).

           AFFIRMED. See Fed. Cir. R. 36.

                      ENTERED BY ORDER OF THE COURT




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