NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ DAVID G. DEBATTO, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee. ____________________ 2009-5114 ______________________ Appeal from the United States Court of Federal Claims in No. 08-CV-730, Judge Charles F. Lettow. ______________________ JUDGMENT ______________________ MICHAEL D. J. EISENBERG, Law Office of Michael D.J.

Eisenberg, of Washington, DC, argued for plaintiff- appellant.

SHARI A. ROSE, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant- appellee. With her on the brief were TONY WEST, Assistant Attorney General, JEANNE E. DAVIDSON, Director, and BRYANT G. SNEE, Deputy Director. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (RADER, Chief Judge, LINN and DYK, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

September 13, 2010 /s/ Jan Horbaly Date Jan Horbaly Clerk