NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ UNITED SURETY AND INDEMNITY COMPANY, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

and SELPA CONSTRUCTION & RENTAL EQUIPMENT CORPORATION (doing business as Selpa Construction Corporation), Third-Party Defendant. ____________________ 2010-5083 ______________________ Appeal from the United States Court of Federal Claims in Case No. 08-CV-791, Judge Susan G. Braden. ______________________ JUDGMENT ______________________ ANTONIO BORRES-OTERO, Saldana & Saldana- Egozcure, PSC, of San Juan, Puerto Rico, for plaintiff- appellant. With him on the brief was CARLOS LUGO-FIOL.

JEFFREY A. REGNER, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for defendant-appellee. With him on the brief were TONY WEST, Assistant Attorney General, JEANNE E. DAVIDSON, Director, and DONALD E. KINNER, Assistant Director. Of counsel on the brief was MICHAEL J. ELSTON, United States Postal Service, of Washington, DC. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (NEWMAN, PLAGER, and PROST, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

November 15, 2010 /s/ Jan Horbaly Date Jan Horbaly Clerk