NOTE: This disposition is nonprecedential.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.

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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