NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ WINTERHAWK OUTFITTERS, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee. ______________________ 2013-5063 ______________________ Appeal from the United States Court of Federal Claims in No. 12-CV-133, Senior Judge Bohdan A. Futey. ______________________ JUDGMENT ______________________ TODD E. MACKINTOSH, Wood, Ris & Hames, P.C., of Denver, Colorado, argued for plaintiff-appellant.

ELLEN M. LYNCH, Trial Attorney, Commercial Litiga- tion Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant- appellee. With her on the brief were STUART F. DELERY, Acting Assistant Attorney General, JEANNE E. DAVIDSON, Director, and STEVEN J. GILLINGHAM, Assistant Director.

Of counsel on the brief was DIANE M. CONNOLLY, Attor- ney, United Stated Department of Agriculture, of Golden, Colorado. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED:

PER CURIAM (DYK, O’MALLEY, and WALLACH, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

October 16, 2013 /s/ Daniel E. O’Toole Date Daniel E. O’Toole Clerk