Opinion
No. 2007-5040.
October 1, 2008.
On Appeal from the United States Court of Federal Claims, 95-CV-498, Charles F. Lettow, Judge.
David B. Bergman, Arnold Porter LLP, of Washington, DC, argued for plaintiff-appellee. With him on the brief were Howard N. Cayne and Michael A. Johnson.
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 were Michael F. Hertz, Deputy Assistant Attorney General, Jeanne E. Davidson, Director, and Timothy Abraham, Elizabeth M. Hosford, and Sameer Yerawadekar, Trial Attorneys.
LOURIE, GAJARSA, and PROST, Circuit Judges.
Judgment
This CAUSE having been heard and considered, it is
ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36.