NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

P & K CONTRACTING, INC., Plaintiff-Appellant,

v.

UNITED STATES, Defendant-Appellee. ______________________

2013-5044 ______________________

Appeal from the United States Court of Federal Claims in No. 09-CV-0399, Senior Judge James F. Merow. ______________________

JUDGMENT ______________________

CAROL A. SIGMOND, Law Office of Carol A. Sigmond, LLP, of New York, New York, argued for plaintiff- appellant. With her on the brief was Samuel A. Blaustein.

MATTHEW P. ROCHE, Trial Attorney, Commercial Liti- gation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant- appellee. With him on the brief were STUART F. DELERY, Acting Assistant Attorney General, JEANNE E. DAVIDSON, Director, and BRYANT G. SNEE, Deputy Director. Of counsel on the brief was NATHAN J. BANKSON, Litigation Division, United States Army Legal Services Agency, Fort Belvoir, Virginia. ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (PROST, REYNA, and TARANTO, 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