NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

JAMES M. LINICK, Plaintiff-Appellant,

v.

UNITED STATES, Defendant-Appellee. ______________________

2012-5097 ______________________

Appeal from the United States Court of Federal Claims in No. 10-CV-635, Judge Thomas C. Wheeler. ______________________

JUDGMENT ______________________

THOMAS J. SCOTT, JR., Goodwin Proctor LLP, of Wash- ington, DC, argued for plaintiff-appellant. With him on the brief was APRIL E. WEISBRUCH.

KATE RYZOC, Trial Attorney, Civil Division, Commer- cial Litigation Branch, United States Department of Justice, of Washington, DC, argued for defendant- appellee. On the brief were STUART F. DELERY, Principal Deputy Assistant Attorney General, JOHN FARGO, Direc- tor , GARY L. HAUSKEN, Assistant Director, and Benjamin S. Richards, Attorney. ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (NEWMAN, O’MALLEY, and WALLACH, Circuit Judge).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

June 18, 2013 /s/ Daniel E. O’Toole Date Daniel E. O’Toole Clerk