NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

R.L. BATES GENERAL CONTRACTOR PAVING & ASSOCIATES, INC., Appellant,

v.

John McHugh, SECRETARY OF THE ARMY, Appellee. ____________________

2010-1313 ______________________

Appeal from the Armed Services Board of Contract Appeals in No. 53641, Administrative Judge Monroe E. Freeman, Jr. ______________________

JUDGMENT ______________________

KEVIN M. COX, Camardo Law Firm, PC, of Auburn, New York, argued for the appellant.

WILLIAM J. GRIMALDI, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for the appellee. With him on the brief were TONY WEST, Assistant Attorney General, JEANNE E. DAVIDSON, Director, and BRIAN M. SIMKIN, Assistant Director. Of counsel was SAMEER P. YERAWADEKAR, Attorney. ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (RADER, Chief Judge, LINN, and PROST, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

June 10, 2011 /s/ Jan Horbaly Date Jan Horbaly Clerk