NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2009-1565

ROTHE DEVELOPMENT CORPORATION, Plaintiff-Appellant, v. DEPARTMENT OF DEFENSE and DEPARTMENT OF THE AIR FORCE, Defendants-Appellees.

David F. Barton, The Gardner Law Firm, of San Antonio, Texas, argued for plaintiff- appellant.

Conor B. Dugan, Attorney, Appellate Section, Civil Rights Division, United States Department of Justice, of Washington, DC, argued for defendants-appellees. With him on the brief were Thomas E. Perez, Assistant Attorney General, Mark L. Gross and Lisa Wilson Edwards, Attorneys.

Appealed from: United States District Court for the Western District of Texas Judge Xavier Rodriguez NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2009-1565

ROTHE DEVELOPMENT CORPORATION, Plaintiff-Appellant, v. DEPARTMENT OF DEFENSE and DEPARTMENT OF THE AIR FORCE, Defendants-Appellees.

Judgment ON APPEAL from the United States District Court for the Western District of Texas in CASE NO(S). 98-CV-1011 This CAUSE having been heard and considered, it is ORDERED and ADJUDGED: Per Curiam (MICHEL, Chief Judge, LOURIE and BRYSON, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

DATED May 4, 2010 /s/ Jan Horbaly Jan Horbaly, Clerk