Opinion
No. 2009-1145.
October 13, 2009.
On Appeal from the United States District Court for the Southern District of Florida, No. 06-CV-21886, Alan S. Gold, Judge.
Richard A. Clegg, Seltzer Caplan McMahon Vitek, of San Diego, CA, argued for plaintiff-appellant.
Pasquale A. Razzano, Fitzpatrick, Cella, Harper Scinto, of New York, NY, argued for defendant-appellee.
Before MAYER, LOURIE, and PROST, Circuit Judges.
Judgment
This CAUSE having been heard and considered, it is
ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36.