NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

KENNETH EARMAN, (on behalf of himself and all others similarly situated), Plaintiff-Appellant,

v.

UNITED STATES, Defendant-Appellee. ______________________

2014-5053 ______________________

Appeal from the United States Court of Federal Claims in No. 1:10-cv-00617-LJB, Judge Lynn J. Bush. ______________________

JUDGMENT ______________________

ALAN I. SALTMAN, Smith, Currie & Hancock LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief was RICHARD W. GOEKEN. Of counsel was Charles W. Surasky, of Atlanta, Georgia.

SHARON A. SNYDER, Trial Attorney, Commercial Liti- gation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant- appellee. With her on the brief were STUART F. DELERY, Assistant Attorney General, ROBERT E. KIRSCHMAN, JR., Director, and BRYANT G. SNEE, Deputy Director. Of coun- sel was JOSHUA SCHNELL, Trial Attorney. ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (PROST, Chief Judge, NEWMAN and REYNA, Circuit Judges). AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

January 12, 2015 /s/ Daniel E. O’Toole Date Daniel E. O’Toole Clerk of Court