NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

BANNUM, INC., Plaintiff-Appellant,

v.

UNITED STATES, Defendant-Appellee,

and

DISMAS CHARITIES, INC., Defendant-Appellee.

____________________

2011-5052 ______________________

Appeal from the United States Court of Federal Claims in No. 10-CV-479, Judge Susan G. Braden. ______________________

JUDGMENT ______________________

JOSEPH A. CAMARDO, JR., Camardo Law Firm, P.C., of Auburn, New York, argued for plaintiff-appellant.

DAVID P. OLIVER, Trial Attorney, Commercial Litigation Branch, United States Department of Justice, of Washington, DC, argued for defendant-appelle United States. With him on the brief were TONY WEST, Assistant Attorney General, JEANNE E. DAVIDSON, Director, and STEVEN J. GILLINGHAM, Assistant Director. ALEX D. TOMASZCZUK, Pillsbury Winthrop Shaw Pittman LLP, of McLean, Virginia, argued for defendant-appellee Dismas Charities, Inc. With him on the brief were DANIEL S. HERZFELD and NICOLE Y. BEELER. ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (PROST, O’MALLEY, and REYNA, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

January 12, 2012 /s/ Jan Horbaly Date Jan Horbaly Clerk