Opinion
No. 2008-5036.
May 14, 2009. Rehearing Denied August 12, 2009. Rearing Denied August 12, 2009.
On Appeal from the United States Court of Federal Claims, No. 06-CV-907, Robert H. Hodges, Jr., Senior Judge.
Percy Squire, Percy Squire Company, LLC, of Columbus, OH, argued for plaintiffs-appellants.
Elizabeth Ann Peterson, Trial Attorney, Environment and Natural Resources, Appellate Section, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief was Ronald J. Tenpas, Assistant Attorney General.
SCHALL, GAJARSA, and MOORE, Circuit Judges.
Judgment
This CAUSE having been heard and considered, it is
ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36.