NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit

2008-5005

R&D DYNAMICS CORPORATION,

Plaintiff-Appellant,

v.

UNITED STATES,

Defendant-Appellee.

William T. Welch, Barton, Baker, McMahon & Tolle, LLP of McLean, Virginia, argued for plaintiff-appellant.

Delisa M. Sanchez, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for defendant-appellee. With her on the brief was Jeanne E. Davidson, Director, and Donald E. Kinner, Assistant Director. Of counsel on the brief was Daniel Pantzer, Associate Counsel, Protest/Litigation Branch, Office of Command Counsel Headquarters, United States Army Material Command, of Fort Belvoir, Virginia. Appealed from: United States Court of Federal Claims Judge Emily C. Hewitt

NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit

2008-5005

R&D DYNAMICS CORPORATION,

Plaintiff-Appellant,

v.

UNITED STATES,

Defendant-Appellee.

Judgment ON APPEAL from the United States Court of Federal Claims in CASE NO(S). 07-CV-090 This CAUSE having been heard and considered, it is ORDERED and ADJUDGED:

Per Curiam (NEWMAN, SCHALL, and MOORE, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT DATED January 28, 2009 /s/ Jan Horbaly

Jan Horbaly, Clerk