       NOTE: This disposition is nonprecedential.


 United States Court of Appeals
     for the Federal Circuit
                ______________________

                KYLE E. GRAMLING,
                 Plaintiff-Appellant,

                           v.

                  UNITED STATES,
                  Defendant-Appellee.
                 ____________________

                      2010-5039
                ______________________

    Appeal from the United States Court of Federal
Claims in Case No. 09-CV-086, Senior Judge James F.
Merow.
               ______________________

                     JUDGMENT
                ______________________

   ALEXANDER M. BULLOCK, Kilpatrick Stockton, LLP, of
Washington, DC, argued for plaintiff-appellant. With him
on the brief were STEWART D. FRIED and SVETLANA S.
GANS.

    GREGORY PARIS YATES, Trial Attorney, Commercial
Litigation Branch, Civil Division, 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 MARTIN F. HOCKEY, JR. Assistant Director.
                ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:
    PER CURIAM (RADER, Chief Judge, LINN and MOORE,
Circuit Judges).


          AFFIRMED. See Fed. Cir. R. 36.

                    ENTERED BY ORDER OF THE COURT




January 14, 2011    /s/ Jan Horbaly
     Date           Jan Horbaly
                        Clerk
