NOTE: This disposition is nonprecedential.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