NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

KEITH A. ANSTINE, Plaintiff-Appellant,

v.

UNITED STATES, Defendant-Appellee. ____________________

2011-5053 ______________________

Appeal from the United States Court of Federal Claims in No. 10-CV-138, Judge Nancy B. Firestone. ______________________

JUDGMENT ______________________

JAMES L. STANTON, of Omaha, Nebraska, for plaintiff- appellant.

STACEY K. GRIGSBY, Trail Attorney, Commercial Litigation Branch, Civil Division, United State Department of Justice, of Washington, DC, for defendant- appellee. Of counsel on the brief were TONY WEST, Assistant Attorney General, JEANNE E. DAVIDSON, Director, and STEVEN J. GILLINGHAM, Assistant Director. Of counsel on the brief was CAPTAIN LANOURRA L. PHILLIPS, Trial Attorney, Air Force Litigation Office, Military Personnel Division, of Joint Base Andrews, Maryland. ______________________ THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (RADER, Chief Judge, NEWMAN and DYK, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

December 8, 2011 /s/ Jan Horbaly Date Jan Horbaly Clerk