NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

K-MAR INDUSTRIES, INC., Plaintiff-Appellant,

v.

UNITED STATES, Defendant-Appellee,

and

FIVE RIVER SERVICES LLC, Defendant. ____________________

2010-5090 ______________________

Appeal from the United States Court of Federal Claims in No. 08-CV-877, Senior Judge Loren A. Smith. ______________________

JUDGMENT ______________________

MARILYN H. DAVID, Russell S. Gill, PLLC, of Biloxi, Mississippi, for plaintiff-appellant. Of counsel on the brief was RUSSELL S. GILL. WILLIAM P. RAYEL, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for defendant- appellee. Of counsel on the brief were TONY WEST, Assistant Attorney General, JEANNE E. DAVIDSON, Director, and BRIAN M. SIMKIN, Assistant Director.

______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (BRYSON, LINN, and DYK, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

January 13, 2011 /s/ Jan Horbaly Date Jan Horbaly Clerk