       NOTE: This disposition is nonprecedential.


  United States Court of Appeals
      for the Federal Circuit
                ______________________

              RONALD J. HELFERTY,
                Plaintiff-Appellant,

                           v.

                  UNITED STATES,
                  Defendant-Appellee.
                ______________________

                      2014-5043
                ______________________

    Appeal from the United States Court of Federal
Claims in No. 1:11-cv-00358-CFL, Judge Charles F.
Lettow.
               ______________________

                     JUDGMENT
                ______________________

    TERRI R. ZIMMERMANN, Zimmermann Lavine & Zim-
mermann, P.C., of Houston, Texas, argued for plaintiff-
appellant. On the brief was RAYMOND J. TONEY, Law
Offices of Raymond J. Toney, of Emeryville, California.

    DOUGLAS K. MICKLE, Senior Trial Counsel, Commer-
cial Litigation Branch, National Courts, Civil Division,
United States Department of Justice, of Washington, DC,
argued for defendant-appellee. With him on the brief
were STUART F. DELERY, Assistant Attorney General,
ROBERT E. KIRSCHMAN, JR., Director, and STEVEN J.
GILLINGHAM, Assistant Director. Of counsel on the brief
was MAJOR CINDIE BLAIR, United States Marine Corps,
General Litigation Division, Office of the Judge Advocate
General, United States Department of the Navy, of Wash-
ington, DC. Of counsel was JOHN S. GROAT, Trial Attor-
ney, Commercial Litigation Branch, Civil Division, United
States Department of Justice, of Washington, DC.
                 ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:



   PER CURIAM (TARANTO, SCHALL, and CHEN, Circuit
Judges).
           AFFIRMED. See Fed. Cir. R. 36.

                      ENTERED BY ORDER OF THE COURT


  December 8, 2014                /s/ Daniel E. O’Toole
      Date                        Daniel E. O’Toole
                                  Clerk of Court
