NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

KYLE E. GRAMLING, Plaintiff-Appellant,

v.

UNITED STATES, Defendant-Appellee. ____________________

2010-5039 ______________________

Appeal from the United States Court of Federal Claims in Case No. 09-CV-086, Senior Judge James F. Merow. ______________________

JUDGMENT ______________________

ALEXANDER M. BULLOCK, Kilpatrick Stockton, LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief were STEWART D. FRIED and SVETLANA S. GANS.

GREGORY PARIS YATES, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice of Washington, DC, argued for defendant-appellee. With him on the brief were TONY WEST, Assistant Attorney General, JEANNE E. DAVIDSON, Director, and MARTIN F. HOCKEY, JR. Assistant Director. ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED: PER CURIAM (RADER, Chief Judge, LINN and MOORE, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

January 14, 2011 /s/ Jan Horbaly Date Jan Horbaly Clerk