NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

THOMAS STINE, Plaintiff-Appellant,

v.

UNITED STATES, Defendant-Appellee. ____________________

2010-5125 ______________________

Appeal from the United States Court of Federal Claims in No. 08-CV-0063, Judge George W. Miller. ______________________

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, 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 KIRK T. MANHARDT, Assistant Director. Of counsel on the brief was KATHLEEN L. KADLEC, United States Department of the Navy, of Washington, DC. ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (RADER, Chief Judge, LINN and O’MALLEY, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

April 12, 2011 /s/ Jan Horbaly Date Jan Horbaly Clerk