NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

PAUL M. DEAN, JR., Plaintiff-Appellant,

v.

UNITED STATES, Defendant-Appellee. ____________________

2010-5113 ______________________

Appeal from the United States Court of Federal Claims in No. 09-CV-392, Judge Margaret M. Sweeney. ______________________

JUDGMENT ______________________

MICHAEL D.J. EISENBERG, Law Office of Michael D.J. Eisenberg, of Washington, DC, argued for plaintiff- appellant.

JOHN S. GROAT, Trial Attorney, Commercial Litigation Branch, Civil Division, Classification Unit, 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 BRYANT G. SNEE, Deputy Director. Of counsel on the brief was JOHN S. GOEHRING, General Litigation Division, United States Department of the Air Force, Arlington, Virginia. Of counsel was LAUREN N. DIDOMENICO. ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (LOURIE, PLAGER, and LINN, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

April 11, 2011 /s/ Jan Horbaly Date Jan Horbaly Clerk