NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2009-1055 ROBERTSON & PENN, INC., Appellant, v. Pete Geren, SECRETARY OF THE ARMY, Appellee.

James F. Nagle, Oles Morrison Rinker & Baker, LLP, of Seattle, Washington, argued for appellant. With him on the brief was Jonathan A. DeMella.

Kent C. Kiffner, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee. With him on the brief were Jeanne E. Davidson, Director, and Mark A. Melnick, Assistant Director.

Appealed from: Armed Services Board of Contract Appeals Judge Diana S. Dickinson NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2009-1055 ROBERTSON & PENN, INC., Appellant, v. Pete Geren, SECRETARY OF THE ARMY, Appellee.

Judgment ON APPEAL from the Armed Services Board of Contract Appeals in CASE NO. 55622.

This CAUSE having been heard and considered, it is ORDERED and ADJUDGED: Per Curiam (Before BRYSON and GAJARSA, Circuit Judges, and ST. EVE, District Judge). * AFFIRMED. See Fed. Cir. R.36

ENTERED BY ORDER OF THE COURT

DATED: June 5, 2009 /s/ Jan Horbaly Jan Horbaly, Clerk

* The Honorable Amy J. St. Eve, United States District Judge for the Northern District of Illinois, sitting by designation.