NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

DEBORAH MECKLER (EXECUTRIX OF THE ESTATE OF ALTON B. HORNBACK), Plaintiff-Appellant,

v.

UNITED STATES, Defendant-Appellee.. ____________________

2011-5040 ______________________

Appeal from the United States Court of Federal Claims in No. 10-CV-384, Judge Lynn J. Bush. ______________________

JUDGMENT ______________________

PHILLIP A. BENNETT, Knobbe, Martens, Olson & Bear, LLP, of San Diego, California, argued for plaintiff- appellant. With him on the brief was BORIS ZELKIND.

SUSAN L. C. MITCHELL, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were TONY WEST, Assistant Attorney General and JOHN J. FARGO, Director. ______________________ THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

AFFIRMED. See Fed. Cir. R. 36.

PER CURIAM (BRYSON, CLEVENGER AND, LINN, Circuit Judges).

ENTERED BY ORDER OF THE COURT

December 13, 2011 /s/ Jan Horbaly Date Jan Horbaly Clerk