       NOTE: This disposition is nonprecedential.


  United States Court of Appeals
      for the Federal Circuit
                ______________________

 KENNETH EARMAN, (on behalf of himself and all
         others similarly situated),
             Plaintiff-Appellant,

                           v.

                  UNITED STATES,
                  Defendant-Appellee.
                ______________________

                      2014-5053
                ______________________

    Appeal from the United States Court of Federal
Claims in No. 1:10-cv-00617-LJB, Judge Lynn J. Bush.
                 ______________________

                     JUDGMENT
                ______________________

   ALAN I. SALTMAN, Smith, Currie & Hancock LLP, of
Washington, DC, argued for plaintiff-appellant. With him
on the brief was RICHARD W. GOEKEN. Of counsel was
Charles W. Surasky, of Atlanta, Georgia.

    SHARON A. SNYDER, Trial Attorney, Commercial Liti-
gation Branch, Civil Division, United States Department
of Justice, of Washington, DC, argued for defendant-
appellee. With her on the brief were STUART F. DELERY,
Assistant Attorney General, ROBERT E. KIRSCHMAN, JR.,
Director, and BRYANT G. SNEE, Deputy Director. Of coun-
sel was JOSHUA SCHNELL, Trial Attorney.
                ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

   PER CURIAM (PROST, Chief Judge, NEWMAN and
REYNA, Circuit Judges).
           AFFIRMED. See Fed. Cir. R. 36.

                      ENTERED BY ORDER OF THE COURT


January 12, 2015                  /s/ Daniel E. O’Toole
      Date                        Daniel E. O’Toole
                                  Clerk of Court
