NOTE: This disposition is nonprecedential.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