NOTE: This disposition is nonprecedential.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Appealed from: United States Court of Federal Claims Judge Emily C. Hewitt NOTE: This disposition is nonprecedential.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