NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

JEROME A. MAHER AND JOHN R. GRAVEE, Plaintiffs-Appellants,

v.

UNITED STATES, Defendant-Appellee. ____________________

2010-5130 ______________________

Appeal from the United States Court of Federal Claims in No. 08-CV-012, Senior Judge John P. Wiese. ______________________

JUDGMENT ______________________

JOHN O. TOUHY, of Chicago, Illinois, argued for plaintiffs-appellants.

VINCENT D. PHILLIPS, 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 MICHAEL F. HERTZ, Deputy Assistant Attorney General, JEANNE E. DAVIDSON, Director, KENNETH M. DINTZER, Assistant Director. ______________________ THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (LOURIE, PLAGER, and DYK, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

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