NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2008-5062 BILL HUBBARD, individually and doing business as BILL HUBBARD & ASSOCIATES, Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

Stephen L.R. McNichols, McNichols Beers LLP, of Pleasanton, California, argued for plaintiff-appellee.

Kenneth M. Dintzer, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief was Jeanne E. Davidson, Director.

Appealed from: United States Court of Federal Claims Senior Judge Loren A. Smith NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2008-5062

BILL HUBBARD, individually and doing, business as BILL HUBBARD & ASSOCIATES, Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

Judgment

ON APPEAL from the UNITED STATES COURT OF FEDERAL CLAIMS in CASE NO(S). 95-CV-396 This CAUSE having been heard and considered, it is ORDERED and ADJUDGED: Per Curiam (NEWMAN, FRIEDMAN, and MAYER, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

DATED March 16, 2009 /s/ Jan Horbaly Jan Horbaly, Clerk