NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

IMS ENGINEERS-ARCHITECTS, P.C., Plaintiff-Appellant,

v.

UNITED STATES, Defendant-Appellee. ____________________

2010-5118 ______________________

Appeal from the United States Court of Federal Claims in Case No. 07-CV-291, Judge Christine O.C. Miller. ______________________

JUDGMENT ______________________

ADAM H. VAN BUSKIRK, of Aurora, New York, argued for plaintiff-appellant.

ROBERT C. BIGLER, 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. Of counsel on the brief was CHRISTINE JACOBY, Assistant District Counsel, United States Army Corps of Engineers, of Baltimore, Maryland. ______________________ THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (NEWMAN, BRYSON, and GAJARSA, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

April 20, 2011 /s/ Jan Horbaly Date Jan Horbaly Clerk