NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ MARTIN H. JOHNSON, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee. ____________________ 2011-5094 ______________________ Appeal from the United States Court of Federal Claims in No. 09-CV-620, Judge Thomas C. Wheeler. ______________________ JUDGMENT ______________________ MICHAEL D.J. EISENBERG, Law Office of Michael D.J.

Eisenberg, of Washington, DC, argued for plaintiff- appellant.

ERIC P. BRUSKIN, 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 TONY WEST, Assistant Attorney General, JEANNE E. DAVIDSON, Director, and MARTIN F. HOCKEY, JR., Assistant Director. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (RADER, Chief Judge, PLAGER and LOURIE, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

April 9, 2012 /s/ Jan Horbaly Date Jan Horbaly Clerk