Opinion
No. 2010-1216.
November 8, 2010.
Appeal from the United States District Court for the Southern District of New York, No. 04-CV-8924, Miriam Goldman Cedarbaum, Judge.
Douglas J. Nash, Hiscock Barclay, LLP, of Syracuse, New York, argued for plaintiff-appellant. With him on the brief were John D. Cook and John M. Nichols.
Jay R. Campbell, Renner, Otto, Boisselle Sklar, LLP, of Cleveland, OH, argued for defendant-appellee. With him on the brief were Donald L. Otto and Mark C. Johnson.
GAJARSA, LINN, and MOORE Circuit Judges.
JUDGMENT
THIS CAUSE having been heard and considered, it is
ORDERED AND ADJUDGED.
AFFIRMED. See Fed. Cir. R. 36.