Opinion
No. 2008-5062.
March 16, 2009.
Appealed from United States Court of Federal Claims, 95-CV-396, Senior Judge Loren A. Smith.
Stephen L.R. McNichols, McNichols Beers LLP, of Pleasanton, CA, argued for plaintiff-appellee.
Kenneth M. Dintzer, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief was Jeanne E. Davidson, Director.
Before NEWMAN, FRIEDMAN, and MAYER, Circuit Judges.
Judgment
This CAUSE having been heard and considered, it is
ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36.