NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ TAKOTA CORPORATION Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee. ____________________ 2010-5042 ______________________ Appeal from the United States Court of Federal Claims in case no. 06-CV-553, Senior Judge Eric G.

Bruggink. ______________________ JUDGMENT ______________________ ROBERT J. SYMON, Bradley, Arant, Rose & White, LLP, of Washington, DC, for plaintiff-appellant.

JANE C. DEMPSEY, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for defendant- appellee. With her on the brief were TONY WEST, Assistant Attorney Director, 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, LOURIE and DYK, Circuit Judges.

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

November 5, 2010 /s/ Jan Horbaly Date Jan Horbaly Clerk