NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ TODD O’BRYAN, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee. ____________________ 2010-5129 ______________________ Appeal from the United States Court of Federal Claims in No. 08-CV-664, Senior Judge John P. Wiese. ______________________ JUDGMENT ______________________ TERRY L. PECHOTA, Pechota Law Office, of Rapid City, South Dakota, argued for plaintiff-appellant.

JEFFREY D. KLINGMAN, 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 DEBORAH A. BYNUM, Assistant Director. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (LOURIE, PROST, and MOORE, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

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