NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2009-5073

RICHARD P. COOK, SHIRLEY A. COOK, DEBORAH CANTRUP, KELLY ARMSTRONG and COPAR PUMICE COMPANY, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

Joseph E. Manges, Comeau, Maldegen, Templeman & Indall, LLP, of Santa Fe, New Mexico, argued for plaintiffs-appellants.

Matthew H. Solomson, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Mark A. Melnick, Assistant Director.

Appealed from: United States Court of Federal Claims Senior Judge Eric G. Bruggink NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2009-5073

RICHARD P. COOK, SHIRLEY A. COOK, DEBORAH CANTRUP, KELLY ARMSTRONG and COPAR PUMICE COMPANY, Plaintiffs-Appellants, v. UNITED STATES,

Defendant-Appellee.

Judgment ON APPEAL from the United States Court of Federal Claims in CASE NO(S). 08-CV-337 This CAUSE having been heard and considered, it is ORDERED and ADJUDGED: Per Curiam (MAYER, CLEVENGER, and MOORE, Circuit Judges ) AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

DATED March 8, 2010 /s/Jan Horbaly Jan Horbaly, Clerk