NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit

2007-5075

M G CONSTRUCTION, INC., Plaintiff-Appellant, v.

UNITED STATES, Defendant-Appellee.

David Hunter Bowser, Yazbeck, Cloran & Hanson, LLC, of Portland, Oregon, argued for plaintiff-appellant. On the brief was Joseph A. Yazbeck, Jr. Anuj Vohra, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. Of counsel on the brief were Peter D. Keisler, Acting Attorney General, Jeanne E. Davidson, Director, Franklin E. White, Jr., Assistant Director, and Brian S. Smith, Trial Attorney.

Appealed from: United States Court of Federal Claims Judge Marian Blank Horn NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2007-5075

M G CONSTRUCTION, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

Judgment ON APPEAL from the UNITED STATES COURT OF FEDERAL CLAIMS In CASE NO(S). 04-CV-473.

This CAUSE having been heard and considered, it is ORDERED and ADJUDGED: Per Curiam: (MAYER, LOURIE and PROST, Circuit Judges):

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

DATE:___November 6, 2007 /s/ Jan Horbaly Jan Horbaly, Clerk