NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

KYLE RE, on behalf of himself and all others similarly situated, Plaintiff-Appellant,

v.

UNITED STATES, Defendant-Appellee. ______________________

2014-1286 ______________________

Appeal from the United States District Court for the Northern District of California in No. 3:13-cv-03518- WHA, Judge William H. Alsup. ______________________

JUDGMENT ______________________

S. CHANDLER VISHER, Law Offices of S. Chandler Visher, of San Francisco, California, argued for plaintiff- appellant.

MICHAEL QUINN, Trial Attorney, Commercial Litiga- tion Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant- appellee. On the brief were STUART F. DELERY, Assistant Attorney General, J. CHRISTOPHER KOHN, Director, and RUTH A. HARVEY, Assistant Director and ALICIA M. HUNT, Trial Attorney. ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (LOURIE, DYK, and WALLACH, Circuit Judges). AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

October 15, 2014 /s/ Daniel E. O’Toole Date Daniel E. O’Toole Clerk of Court